Sophia Tulp

USA TODAY

Experts say a recent U.S. Supreme Court ruling could lead to an increased number of DUI convictions in the U.S., including among college-aged youth.

What was the case about?

In a 7-1 decision on the case Birchfield v. North Dakota, the SCOTUS ruled June 23 that the Fourth Amendment permits breath tests without a warrant to arrest for drunk driving, making it a criminal act to refuse the test. Blood tests, though, would require police officers to get a warrant first.

The Fourth Amendment protects against “unreasonable searches and seizures,” and the case progressed to the Supreme Court after drivers in North Dakota and Minnesota sued following their arrests for refusing to submit to warrantless blood alcohol tests, which they say violated their Fourth Amendment rights.

The decision, called “a compromise” by some, makes it a criminal offense for motorists suspected of driving under the influence to refuse a breathalyzer test, which can be administered without a warrant, but emphasizes that blood tests, deemed more “invasive” would require a warrant prior to testing.



Related: Watch: Students struggle to answer basic facts about drunk driving

Why could it result in more DUIs?

Derek Andrews, an attorney for the New York-based law firm Anelli Xavier, specializing in DUIs, told USA TODAY College the SCOTUS ruling could lead to more DUI convictions because police departments can now accumulate more evidence against motorists in addition to the fact that refusing the tests is now a crime in and of itself.

“I believe that we’ll start to see an increase in the number of convictions for DWI/DUI based on the number of per se impaired driving [laws],” Andrews told USA TODAY College in an email statement. “In addition to more DWI/DUI convictions, there will also be more people criminalized for refusing to submit to a breath test.”

Andrews also said this increase in convictions could be more pronounced among the 18-24 year-old demographic, including college students.

“I think [the effect of Birchfield] could be amplified because college-aged youth are more often unaware of the rights they have as American citizens in the moments of an arrest, interrogation and police investigation,” Andrews stated. “Many people simply aren’t taught what rights they have until they learn the hard way; a college-aged youth would be no different.”

How often are college students involved in crashes and drinking-related incidents?

According to the National Highway Traffic Safety Administration, in fatal crashes in 2014, the highest percentage — 30% — of drunk drivers were aged 21 to 24. And according to a 2010 study, 25% of college students report they had driven intoxicated in the past month, and an even greater percentage reported having driven after having any amount of alcohol and/or ridden with a driver believed to be intoxicated.

When it comes to campus police involvement, a 2002 report showed that about 5% of 4-year college students are involved with the police or campus security as a result of their drinking, and 110,000 students between the ages of 18 and 24 are arrested annually for an alcohol-related violation such as driving under the influence. Between 1999 and 2005, the percentage of college students aged 21-24 who drove under the influence of alcohol increased from 26.5% to 28.9%. Current figures on college students' involvement in drinking-related police interventions are scarce.

University Chief of Police Eric Plummer of the University Police at the University of North Dakota says that in over 90% of their traffic stops regarding driving under the influence, breath tests are administered rather than blood tests.

Plummer says the department does routine traffic patrolling in their jurisdiction and responds to accidents, conducting investigations if they suspect intoxication is involved. He also says the university receives grants from the Department of Transportation to run DUI checkpoints.

“We do DUI enforcement specifically related to traffic,” Plummer says. “So if the officers do see somebody who is exhibiting signs or driving patterns consistent with somebody driving under the influence … then they will perform a traffic stop.”

Plummer says a majority of DUI offenses in University Police’s jurisdiction do not involve students, but rather people driving “in and around the campus.”

What's being done to curb drinking and driving among college students?

Ithaca College rising sophomore Bryan Delaney sits on the Students Against Destructive Decisions Board of Directors as the National Student of the Year, working on initiatives to help stop underage drinking and other “destructive decisions” like driving impaired.

Delaney says he is working closely with the organization “In One Instant,” a live performance and film program, that aims to bring awareness to and warn against the dangers of drunk driving to high school and college students.

Delaney stressed the importance of campus dialogue in preventing drunk driving and also emphasized the use of peer intervention and services like Uber and Lyft in finding a safe ride home at night.

“Car crashes continue to be the leading cause of death for those under the age of 25 in this country, so obviously impaired driving ... is a huge issue that affects students,” Delaney says. “Campuses really must initiate and continue to have conversations with their students and public safety officers about the risks of underage drinking and driving.”

Sophia Tulp is a student at Ithaca College and a USA TODAY College correspondent.

This story originally appeared on the USA TODAY College blog, a news source produced for college students by student journalists. The blog closed in September of 2017.