Blydenburg v. David’s Empirical Analysis
1967
Citation profile
41 state decisions
How this case has been cited
Cited by 41 later decisions — most recently January 2011 · most notably Campbell v. Superior Court (1971), State v. Starnes (1970)
41 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Schmerber v. State of California · Rochin v. People of California · Joint Anti-Fascist Refugee Committee v. McGrath · Breithaupt v. Abram · Prucha v. Department of Motor Vehicles
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to ... a chemical test of his breath for the purpose of determining the alcoholic content of his blood if arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while intoxicated.””
2 later decisions quote this exact passagee.g. State v. Byerly · State v. Trumble““The legislature has the full authority to prescribe the conditions upon which licenses to operate motor vehicles are issued and to designate the agency through which and conditions upon which licenses when issued shall be suspended or revoked. The right of a citizen to operate a motor vehicle upon the highways of this state is not a natural or unrestricted right, but a privilege which is subject to reasonable regulation under the police power of the state in the interest of public safety and welfare. * * * “The proceeding to determine or review the suspension or revocation of a driver’s license for refusal to submit to a chemical test is a civil and administrative proceeding. It is separate and distinct from a criminal action on a charge of driving while under the influence of intoxicating liquor or drugs. * * # Effectual revocation is not dependent upon conviction of the criminal charge related to the suggested test. * * * The purpose of the suspension or revocation is to protect the public and not to punish the licensee. * * *””
1 later decision quote this exact passagee.g. State v. Starnes““2. If a person’s license has been revoked because of his refusal to submit to a chemical test, he may request a hearing before a court of record in the county in which he resides. * * * At the hearing the judge shall determine only: (1) Whether or not the person was arrested ; (2) Whether or not the arresting officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated condition; and (3) Whether or not the person refused to submit to the test. 3. If the judge determines any issue not to be in the affirmative, he shall order the director to reinstate the license or permit to drive. * * * ””
1 later decision quote this exact passagee.g. Bolling v. Schaffner
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.