Oct 10/12/2016

Test-Refusal Statute Unconstitutional

2016-11-20T19:57:43+00:00October 12, 2016|DWI|

Minnesota Supreme Court: Warrantless Blood & Urine Testing Are Unconstitutional This morning the Minnesota Supreme Court issued their decision in two DWI cases, State v. Trahan and State v. Thompson. Both cases involved a driving while intoxicated (DWI) arrest and dealt with the issue of whether Minnesota's Test-Refusal Statue,  Minn. Stat. § 169A.20, subd. 2 (2014), was [...]

Sep 09/15/2016

Accuracy of DWI Breath Testing Attacked

2016-09-15T14:17:20+00:00September 15, 2016|DWI|

Accuracy of Minnesota’s DWI Breath Test Machines under Recent Attack In Minnesota, breath tests are the most common tests offered by law enforcement in a DWI arrest. But they are not the most accurate. Science has long shown that blood or urine testing for blood-alcohol content (BAC) produces much more accurate results. Thousands of people who are charged [...]

Aug 08/29/2016

Blood-Draw Search Warrant Requirements

2016-11-20T19:57:43+00:00August 29, 2016|Criminal Defense, DWI, Vehicular Crimes|

What Evidence Can Authorities Search Your Blood For in the Context of Criminal Vehicular Operation? A recent Minnesota Supreme Court decision, State v. Fawcett, No. A15-0938, (Minn. Aug. 24, 2016), held that probable cause supported the search of Defendant’s blood and the search permitted testing for both alcohol and controlled substances. To fully understand the impact [...]

Oct 10/19/2015

MN Test-Refusal Statute Unconstitutional

2016-10-18T16:21:04+00:00October 19, 2015|DWI|

This Just In: Minnesota’s Test-Refusal Statute Unconstitutional State v. Trahan, A13-0931, 62-CR-12-8574 (Minn. Ct. App. October 13, 2015) Background In this case, Trahan was arrested on suspicion of DWI.  He was read the Implied-Consent Advisory and asked to speak with an attorney.  After several failed attempts to contact an attorney, Trahan stated he was finished with [...]

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