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 [...]
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 [...]
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 [...]
