Legal Opinion

MacKey v. Montrym

Supreme Court of the United States

Decided June 25, 1979No. 77-69PublishedCited by 712 opinions

1Opinion of the CourtChief Justice Burger

The question presented by this appeal is whether a Massachusetts statute that mandates suspension of a driver’s license because of his refusal to take a breath-analysis test upon arrest for driving while under the influence of intoxicating liquor is void on its face as violative of the Due Process Clause of the Fourteenth Amendment.

Commonly known as the implied consent law, the Massachusetts statute provides:

“Whoever operates a motor vehicle upon any [public] way . . . shall be deemed to have consented to submit to a chemical test or analysis of his breath in the event that he is arrested for…

2Cases cited10 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  3. Addington v. TexasSupreme Court of the United States · 1979
  4. Bell v. BursonSupreme Court of the United States · 1971
  5. Dixon v. LoveSupreme Court of the United States · 1977

5 more not listed; retrieve them via the Exa API.

3Cited by712 opinions

  1. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
  2. South Dakota v. NevilleSupreme Court of the United States · 1983
  3. Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
  4. James L. Webb v. Ron Anderson, Superintendent, Indiana State PrisonCourt of Appeals for the Seventh Circuit · 2000
  5. Walters v. National Assn. of Radiation SurvivorsSupreme Court of the United States · 1985

707 more not listed; retrieve them via the Exa API.

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