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Supreme Court partly strikes down state drunken driving test refusal laws

WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Thursday that states cannot make it a crime for a drunken driving suspect to refuse to take a blood test but can criminalize the refusal to take breath tests to determine alcohol levels.

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A Jefferson County Sheriff Deputy asks a driver if he has been drinking while smelling for alcohol at a mobile Driving Under the Influence (DUI) checkpoint in Golden, Colorado late April 12, 2008. REUTERS/Rick Wilking

WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Thursday that states cannot make it a crime for a drunken driving suspect to refuse to take a blood test but can criminalize the refusal to take breath tests to determine alcohol levels.

The ruling will affect laws in 11 states.

The court ruled in cases involving three defendants challenging their convictions for refusing to take such tests in two states, North Dakota and Minnesota.

Lower courts had upheld the laws, which criminalize a motorist's refusal to take a test gauging alcohol levels in situations in which police do not have a warrant for such a test.

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Reporting by Lawrence Hurley

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