Danny Birchfield drove into a ditch in North Dakota. Responding officers believed he was intoxicated. He failed field sobriety tests and was arrested. In violation of North Dakota law, he refused to take a chemical test. Birchfield challenged the state statute that criminalized his refusal to take the test. He argued that the statute violated the Fourth Amendment’s search-and-seizure provision because the officers did not have probable cause that would have supported a search warrant. Are warrantless breath tests incident to arrest constitutionally permissible? What about warrantless blood tests? Explain. See Birchfield v. North Dakota, 136 S. Ct. 2160 (2016).