State v. Strong, 17 N.W.3d 170

Charmayne R. Strong was involved in a minor traffic accident and was suspected of driving under the influence by law enforcement.
Strong refused to take a preliminary breath test, was arrested, and then police obtained a search warrant for a chemical blood test.
She initially agreed to the blood test but subsequently refused after being transported to a hospital.
Strong was charged in county court with refusal to submit to a chemical test under Nebraska law (Neb. Rev. Stat. § 60-6,197).
Both the county court and the district court rejected Strong's arguments that refusal to submit when a warrant is present isn't criminalized by statute, and affirmed her conviction; the Nebraska Supreme Court granted direct review.

Issue	Strong's Argument	State's Argument	Held
Whether refusing a chemical blood test sought by search warrant is a crime under § 60-6,197	The statute is only an "implied consent" law and doesn’t apply when police seek a blood test pursuant to a search warrant	The statute broadly criminalizes refusing any lawfully required blood test, including those sought by warrant	Refusal is a crime under § 60-6,197 even when the test is sought pursuant to a warrant
Whether there is a constitutional barrier to conviction for refusing a test sought by warrant	Birchfield prohibits criminalizing refusal of warrantless blood tests, and she points to language allegedly allowing refusal to a warrant-backed test	Birchfield only bars punishment for refusing warrantless, not warrant-backed, blood tests; a warrant makes the test lawful	No constitutional barrier; refusal of a lawful search pursuant to warrant can be criminalized

State v. Rothenberger, 294 Neb. 810 (Neb. 2016) (sets out elements of the offense of refusal to submit to chemical test)
State v. McCumber, 295 Neb. 941 (Neb. 2017) (applies Birchfield to Nebraska law; conviction vacated if blood test sought without warrant or exigency)