Should I refuse to take a DWI breath test? The types of breath tests If you ever get pulled over on suspicion of driving while intoxicated, you may have to take two different types of breath tests. The first test the officer might give you is called a preliminary breath [...]
There's been a recent uptick in arrests for boating under the influence on Minnesota waters. Here's what you need to know. It is a crime to operate or be in physical control of a motorboat in operation on any waters or boundary waters of Minnesota when: the person is under the influence of alcohol; the [...]
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), [...]
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 [...]
Blood Draw Search Warrants 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 [...]
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 [...]
