Doug Peterson

Nebraska Attorney General

AGO's Response to Birchfield v. North Dakota

LINCOLN—Attorney General Doug Peterson's office released the following statement on today’s U.S. Supreme Court Birchfield v. North Dakota decision: The Supreme Court today held that it is permissible for law enforcement to conduct warrantless breath tests incident to arrests for drunk driving, but that warrantless blood tests violate the Fourth Amendment. Generally, law enforcement in Nebraska does not obtain warrants for blood tests, due to prior rulings of the Court. The Court’s ruling today will thus have ramifications not only for drunk driving cases, but also other crimes associated with drinking and driving, such as motor vehicle homicide. Further implications of the case are currently under review.