MD statute permitting warrantless breath tests after an accident on PC is constitutional

“The sole question in this case is the constitutionality of §16-205.1(c) of the Transportation (‘TR’) Article of the Maryland Code, which allows a warrantless breath or blood alcohol test of a driver who is (1) ‘involved in a motor vehicle accident’; that (2) results in ‘death … or a life threatening injury’; and (3) that law enforcement has ‘reasonable grounds to believe’ that the driver is under the influence of drugs or alcohol. TR §16-205.1(c). If the law is constitutional, then Colbert’s conviction stands. If the law is unconstitutional, her conviction must be reversed. Because we find that this law is precisely the kind envisioned by Justice Kennedy in his controlling concurrence to Missouri v. McNeeley, 569 U.S. ___, 133 S. Ct. 1552 (2013), we find that the law is constitutional with respect to breath tests and therefore affirm Colbert’s conviction.” Birchfield was decided after this case was argued and doesn’t matter. Colbert v. State, 2016 Md. App. LEXIS 84 (July 28, 2016).