State Supreme Court To Hear Arguments Over Breath Tests
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TALLAHASSEE (CBSMiami/NSF) – This September, the state's highest court will hear arguments in a challenge to the constitutionality of a state law that allows people to be prosecuted for refusing to take breath tests when suspected of drunken driving.
Justices issued an order Tuesday scheduling the arguments in the Volusia County case of William Williams, who was stopped in October 2013 on suspicion of driving under the influence. An arresting officer, who did not have a warrant, asked Williams to submit to a breath test to determine blood-alcohol content but Williams refused, according to court documents.
Williams' attorneys contend that the state law violates the U.S. Constitution's Fourth Amendment, which, in part, bars unreasonable searches and seizures. The 5th District Court of Appeal upheld the law, and the Supreme Court agreed in December to consider the case.
As an indication of the interest in the issue, the Supreme Court has approved requests by the Florida Police Chiefs Association, the Florida Prosecuting Attorneys Association and the National College for DUI Defense to file friend-of-the-court briefs, according to an online docket.
The News Service of Florida contributed to this report.