Schoon v. N.D. Dep't of Transportation

[¶ 37] Rather than acknowledging an advisory which was legally accurate, the majority instead chooses to require the law enforcement officer to have given an advisory which, if it had been given, the majority, at ¶ 19, recognizes "may well put the State in a position where there is no lawful way to obtain a voluntary, admissible blood test result." I dissent.

[¶ 38] Prior to Schoon's June 2017 arrest, the Supreme Court of the United States announced its decision in Birchfield v. North Dakota . The Supreme Court held unconstitutional the imposition of criminal penalties for refusing to submit…