You wake up in the hospital, an IV in your arm, handcuffed to a gurney, and a concerned nurse looking over at you. All you remember is being out with friends, getting in your car, the red and blue lights, and a police officer saying you are under arrest. Then nothing, a blank void in…

Yesterday, the Minnesota Supreme Court issued one of the most anticipated opinions regarding DWI laws this term. The high court determined whether MN’s DWI forfeiture law was unconstitutional on its face; was unconstitutional as applied to the innocent owner of the vehicle; and was unconstitutional as applied to the driver of the vehicle. The court decided…

The wait is over. Last Thursday, the United States Supreme Court finally decided Bernard v. Minnesota.[1] Justice Alito’s thirty-eight-page opinion for the majority can be summed up with the following: breath testing is less invasive than blood testing; therefore the states can criminalize refusing to submit to a breath test in a DWI case, but…

In State v. Schmidt, a police officer was patrolling the area of a known drug house. The officer noticed Schmidt’s vehicle parked at the house and knew Schmidt did not have a valid driver’s license. The officer waited for Schmidt to leave the house and initiated a traffic stop. The officer then peppered Schmidt with…

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