Commonwealth of Kentucky v. Jared McCarthy

RENDERED: APRIL 29, 2021 TO BE PUBLISHED Supreme Court of Kentucky 2019-SC-0380-DG COMMONWEALTH OF KENTUCKY APPELLANT ON REVIEW FROM COURT OF APPEALS v. NO. 2017-CA-1927 DAVIESS CIRCUIT COURT NO. 15-CR-00005 JARED MCCARTHY APPELLEE OPINION OF THE COURT BY JUSTICE HUGHES AFFIRMING In Birchfield v. North Dakota,

136 S. Ct. 2160

(2016), the United States Supreme Court altered the landscape in driving under the influence (DUI) investigations by announcing that the Fourth Amendment permits a warrantless breath test incident to an arrest for drunk driving, but not a warrantless blood test. For…