State v. Shannon Rajda / State v. Albert Lee Lape, Jr.

¶ 1. In the above consolidated cases, the State appeals the trial court's interlocutory orders granting defendants' motions in limine seeking to suppress evidence of their refusal to submit to blood tests to determine if they were operating a motor vehicle under the influence of drugs (DUI). The trial court granted the motions in limine based on its conclusion that in Birchfield v. North Dakota , --- U.S. ----, 136 S.Ct. 2160 , 195 L.Ed.2d 560 (2016), the U.S. Supreme Court recognized a constitutional right, pursuant to the Fourth Amendment of the U.S. Constitution, to refuse to submit to a…