State of Minnesota v. T.G.J.

The Defendant's Motion to Suppress was granted.

Anyone who drives a motor vehicle in the state of Minnesota is subject to the implied consent law. Minn. Stat. § 169A.51, subd. 1(a). When an individual arrested on suspicion of DWI or who has been involved in a motor vehicle accident involving injury, the implied consent advisory must be provided to that person prior to requesting a sample of blood, breath or urine for chemical testing purposes. Id. at subd. 2(a). The advisory specifically must inform the individual that he has the limited right to speak to an attorney before submitting to the test. Id.