In Missouri v. McNeely, 569 U.S. 141 (2013), the Court held that in the absence of an argument based on facts specific to the case "the natural dissipation of alcohol from the bloodstream does not always constitute an exigency justifying the warrantless taking of a blood sample".

The Supreme Court of North Dakota court subsequently avoided the issue by holding that, even assuming the consent was involuntary, the Exclusionary Rule does not apply in the administrative hearing context and thus affirmed suspension of his license for testing over the prohibited level set forth in the implied consent / administrative license suspension statute.

"[5] The Supreme Court ruled in favor of Birchfield in a 7–1 majority stating that the refusal to submit to a warrantless blood test may not be criminalized as it is a violation of the petitioner's Fourth Amendment right against unlawful searches and is protected by neither the search incident to arrest nor exigent circumstances exceptions of the Fourth Amendment's warrant requirement.

The Supreme Court also stated that the same rationale applied to the decision of warrantless breath tests was not relevant based on the implication of serious privacy concerns brought about by the administration of blood tests which could be used to obtain information other than the BAC of the suspected drunk driver as well as the intrusive process used to obtain a blood sample.

Justice Sonia Sotomayor wrote that "the Fourth Amendment’s prohibition against warrantless searches should apply to breath tests unless exigent circumstances justify one in a particular case.