Supreme Court to Discuss Bernard Appeal on December 4

Posted On November 17, 2015 by Daniel Koewler

We've got a small update to provide regarding the ongoing state of the law regarding Minnesota's Test Refusal Law. Mark December 4, 2015 on your calendars - the day that the United States Supreme Court is going to hold a conference on several Minnesota appeals.

Currently, there are several Minnesota cases that are asking the United States Supreme Court to review the constitutionality of Minnesota's DWI Test Refusal Law. The one most people are familiar is the Bernard case - where the Minnesota Supreme Court found that breath tests were not protected by the warrant requirement because they were "searches incident to arrest." Bernard is now set for conference on December 4.

We discussed two other petitions for review that were filed around the same time as Bernard - the Issacson and Manska cases (both are also test refusal cases). Both of these cases are also set for December 4.

What does this mean? It means that we'll likely know if SCOTUS intends to accept review of Minnesota's DWI Test Refusal Law some time before Christmas.