Minnesota's DWI Test Refusal Law Under Scrutiny: Will Missouri v. McNeely Fix a Broken System?

Posted On February 03, 2013 by Daniel Koewler

Most states increase the license revocation penalties for drivers who refuse to submit to alcohol testing, but Minnesota Impaired Driving Law straight up makes it a crime for a driver to refuse to submit to testing. We challenged the constitutionality of this law back in 2009, but in a 4-3 decision the Minnesota Supreme Court upheld the law - holding that it was okay to coerce drivers with the threat of jail, solely because alcohol "rapidly and naturally dissipates| from a person's body. But in a case recently argued before the Supreme Court of the United States (|SCOTUS|) the highest court in the land could very well reshape how Minnesota looks at DWIs.

What is the current state of Minnesota law regarding DWI arrests and the crime of test refusal, and how could the SCOTUS change it? What impact could the McNeely decision have on pending and future DWIs? And how is the highest court in the land likely to rule? Stay tuned - we've got the answers, but couldn't possibly address them in one blog.