Ambrose Law Firm Attorney, Benjamin Koll, Wins DWI Motion
Recently, Ambrose Law Firm Attorney, Benjamin Koll, won a motion in Ramsey County on a DWI case. Attorney Koll brought a motion to suppress and dismiss a DWI Refusal charge because law enforcement denied his client’s right to consult with an attorney. Thankfully, the court agreed and dismissed the Third Degree DWI Refusal charge.
In Minnesota, a driver arrested on suspicion of DWI has a constitutional right to consult with an attorney before deciding to take a breath test. A driver’s right to consult an attorney attaches when they are properly advised of their right and elect to contact a lawyer. When requesting an evidentiary breath test, an officer must read the Minnesota Breath Test Advisory prior to requesting the test. Part of that advisory includes asking the driver whether they would like to consult with an attorney before making a decision. When a driver requests to consult with an attorney, a place officer must provide the driver with a telephone and give the a reasonable amount of time to contact and talk with an attorney. The driver has a right to consult a lawyer of their own choosing and officers must assist in vindicating that right.
In Attorney Koll’s case, his client was read the Minnesota Breath Test Advisory and requested to contact a specific lawyer. He did not have that particular attorney’s contact information; and, at no point did law enforcement assist him in finding that lawyer’s information. The district court found this a violation of Attorney Koll’s client’s right to counsel and dismissed the DWI Refusal charge.
It is important to remember that you have the right to talk to an attorney before making the decision to take the evidentiary breath test, if you are arrested on suspicion of DWI. The evidentiary breath test is not the roadside PBT (preliminary breath test). Once read the Minnesota Breath Test Advisory not only must you be given the opportunity to to consult with an attorney before making a decision to take an evidentiary breath test, but you must also be given a reasonable amount of time to consult with an attorney. For a consultation at no charge about your case, please call or text us at 612-547-3199 or email: ambroselegal@icloud.com
Robert H. Ambrose is a criminal defense attorney and DWI lawyer in the Twin Cities and the state of Wisconsin. Super Lawyers named him a Super Lawyer for the past four years and a Rising Star in the preceding six years. He is an adjunct professor at the University of Minnesota Law School. DWI Attorney Woodbury MN; Criminal Defense Lawyer Minnesota; and OWI Lawyer Wisconsin.