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Minnesota appellate courts continue to beat down constitutional rights for drivers in MN DWI blood test cases.[1] This time, the onslaught continued in State v. Wood. While Appellant Wood’s unfortunate result was significantly impacted by unlucky timing, he also was on the receiving end of the appellate bench favoring search warrants over statutes. Importantly, Wood’s…

The Minnesota legislature was active this session passing a wide variety of new DWI laws. They go into effect statewide this Saturday, July 1st, 2017. Some changes are in response to the new landscape under Birchfield[1] and some are laws that failed to pass last year. As expected, Minnesota Implied Consent Advisory is changing to…

On Monday, the Minnesota Court of Appeals decided Tyler Lee Johnson v. Commissioner of Public Safety. The opinion touches upon a number of different issues surrounding implied consent law, but it can be summed up succinctly with the following: if the police say you can lose your license for refusing a warrantless blood or urine…

Minnesota drivers used to face serious criminal penalties for refusing a blood or urine test after being read the Minnesota Implied Consent Advisory in DWI cases. As previously discussed,[1] this is no longer the case according to both the United States Supreme Court and the Minnesota Supreme Court. So, will DWI laws adapt and change…

The Minnesota Supreme Court ruled Wednesday that it is unconstitutional to charge someone with refusing to submit to a urine test in a DWI case in State v. Thompson. The decision came the same day as the court’s decision in State v. Trahan[1] which ruled that it is also unconstitutional to charge someone with refusing…

First of all, what happens to my driver’s license if I get a DWI? Short answer: it gets revoked – you lose it.[1] Lawyer’s answer: it depends. It depends on whether it is a first-time offense; whether your alcohol concentration was between .08 and .15 or .16 or more; whether you had a controlled substance…

Only thirteen cases remain without a decision in the 2015 term for the Supreme Court of the United States (SCOTUS). To date, the Court reached decisions in sixty-eight cases. Over the next eight days, the Court will convene three times: two non-argument sessions and one conference. Many scholars believe the Court will issue any remaining…

“What is wrong with a Breathalyzer test when it can save lots of lives…?”[1] “[A Breathalyzer] is about as uninvasive as a search can possibly be…”[2] “Suppose you could set up a system where somebody could be reached within 10 or 15 minutes, and they would, in almost all circumstances, give a warrant.” “…[w]hat would…

Cop:                “Will you take a breath test?” Driver:            “Get a warrant.” Cop:                “I don’t need one.” Driver:            “My attorney just said you do.” Cop:                “Your attorney is wrong.” Tomorrow, the United States Supreme Court (SCOTUS) hears oral…

Recently, the House introduced two bills that would drastically increase the use of ignition interlock[1] devices across Minnesota. HF 1112 aims to require ignition interlock for all DWI offenses; and, HF 2690 would do so for all repeat DWI offenders. The latter seems more realistic, while the former is overly optimistic. Currently, Minnesota only requires drivers…

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