TNT - Get A Handle On The Current Explosion In Constitutional DWI Challenges in Minnesota

Posted On January 25, 2016 by Daniel Koewler

The constitutionality of Minnesota's DWI laws have never been more uncertain. The United States Supreme Court is going to decide if Minnesota's DWI Test Refusal Law is unconstitutional. The Minnesota Court of Appeals already ruled that you cannot charge a driver for refusal if they refuse a blood test or a urine test.

Some law enforcement agencies have stopped using blood and urine tests entirely; other counties have so few breath testing DataMaster DMTs that they don't have much of a choice but to demand urine or blood samples.

Sometimes law enforcement obtain a warrant before a blood or a urine test; other times they don't; in almost every case, they tell the driver they will be charged with the crime of refusal even when the officer knows full well that such a charge would be unconstitutional.

What's the current status of DWI law in Minnesota, besides "confusing?" Does it matter what test is offered by law enforcement, and is there a difference in defending a case where the driver submitted to a test versus refused to submit to a test? How do you raise these challenges in court (or try and convince a judge to put your case on hold until the Supreme Court provides Minnesota with some much needed guidance?)

We'll answer all these questions and more in our upcoming CLE Webcast (sponsored by the folks over at MinnCLE). We'll go live tomorrow, Tuesday, January 25, 2016 at 2:00 p.m. There will even be time allotted for answering questions.

If you're even thinking about handling a DWI case in 2016, this is the one CLE you can't afford to miss. Sign up by clicking on this link right here. (MinnCLE provides a discounted rate for those who are MSBA members, or those of you who have a Season Pass . . . which, if you had a Season Pass, you would already know).