DUI Appeal Challenges North Dakota “Implied Consent” Law

BISMARCK, N.D. (AP) — A Bismarck man's appeal in a drunken driving case is taking on North Dakota's strengthened implied consent law.

The state Legislature last year strengthened driving under the influence laws, and made a suspect's refusal to submit to chemical testing a crime on par with DUI. Under the implied consent law, drivers imply their consent to testing as a condition of having a driver's license.

The Bismarck Tribune reports the North Dakota Supreme Court heard arguments Tuesday in the case of Jason Brenny, who was arrested last September. Defense attorney Chad McCabe maintains that the implied consent law constitutes an unreasonable search — a violation of the Fourth Amendment. Prosecutor Christine Hummert McAllister disputes that, and says such statutes have been upheld in other states.

Justices will rule later.