Breithaupt v. Abram, Warden
United States Supreme Court
352 U.S. 432 (1957)
- Written by Rose VanHofwegen, JD
Facts
Paul Breithaupt (defendant) was driving his pickup on a New Mexico highway when he collided with another vehicle, killing three people. Police found a nearly empty pint bottle of whiskey in Breithaupt’s glove compartment. While Breithaupt remained unconscious in the emergency room, police ordered a blood sample drawn, which confirmed a blood-alcohol percentage over the legal limit. Breithaupt was convicted of involuntary manslaughter and sought post-conviction relief, arguing the blood test violated his substantive due process rights under the Fourteenth Amendment.
Rule of Law
Issue
Holding and Reasoning (Clark, J.)
Dissent (Douglas, J.)
Dissent (Warren, C.J.)
What to do next…
Here's why 778,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.