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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…

This week, the Minnesota Supreme Court continued Its barrage against Fourth Amendment protections. In State v. Fawcett, Justice Gildea wrote for the majority (4-3) in a holding that allows police officers to search for evidence of controlled substances in a person’s blood after it was analyzed for evidence of alcohol despite a lack of probable…

In the wake of the United States Supreme Court’s decision in Bernard v. Minnesota,[1] speculation ensued about how courts would apply the high court’s analysis. So far, two significant cases indicate the direction judicial officers are pointing us. Those cases are Hexom v. Minnesota and State v. Otto. In Hexom, he petitioned for a writ…

Undoubtedly, the hottest topic of discussion in DWI law across Minnesota and much of the nation is Bernard v. Minnesota.[1] Consolidated with Birchfield v. North Dakota and Beyund v. Levi, the United States Supreme Court just set Bernard’s oral argument for April 20, 2016. SCOTUS squeezed Bernard in as one of Its last remaining cases…

In “all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel.”[1] Any traffic stop can be unnerving for most people. When pulled over on the side of the road, you may sense your pulse increasing. What is going to happen? If you believe the cop is going…

Recently, the National Transportation Safety Board (NTSB) renewed its push to lower the blood alcohol concentration (BAC) limit in drunk driving cases to .05. Currently, the legal limit is .08 in all fifty states, but many countries across the globe use .05. Critics believe the push to .05 is backed by ignition interlock industry, which…

Warrant Not Required to Analyze a Legally Obtained Blood Sample Yesterday, the Minnesota Court of Appeals drew a line in the sand for determining when law enforcement needs to obtain a warrant in impaired-driving investigations. In State v. Fawcett, the court held “if the state lawfully obtains a blood sample for the purpose of chemical…

Short answer, which will lead to a somewhat brief explanation: maybe. The current state of Minnesota’s DWI Refusal law certainly makes the title of this blog an interesting question. Refusing a blood or urine test is a great idea, if the Minnesota Supreme Court upholds Trahan and Thompson. Refusing a breath test may be an equally…

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