U.S. Supreme Court: Warrant needed for blood test in DWI cases

In the recent case, Missouri v. McNeely, the U.S. Supreme Court ruled that police officers must obtain a warrant before subjecting a suspected drunk driver to a blood test.  Justice Clarence Thomas was the only justice to oppose the decision, making the final vote eight to one. This particular case made it to the Supreme Court after a man named Tyler McNeely was pulled over by a state trooper in Missouri because he was driving erratically. McNeely refused to take the requested breathalyzer … [Read more...]

Warrantless DWI Tests Tossed In Stearns Co.

Max Keller of Keller Law Offices recently won the first known victory on the McNeely warrantless DWI testing issue in an Order from Judge Grunke in a Stearns Co. Implied Consent hearing challenging a Driver's License Revocation. Two other Judges recently issues similar rulings in Washington County and Sibley County. So, as you can see, judges from all over the state are beginning to wake up and realize that the Constitutional applies to DWI defendants as well as to everyone else. Judges in … [Read more...]

Are Warrantless DWI Tests Still Legal in Minnesota after McNeely?–Part I

If you have a criminal DWI case or criminal DWI test refusal case, and/or civil implied consent driver's license revocation cases pending, you may have heard of the recent U.S. Supreme Court decision in McNeely v. Missouri issued 4-17-13. In McNeely the U.S. Supreme Court held that Warrantless DWI Tests are illegal without consent or "exigency circumstances." The U.S. Supreme Court said that Missouri could not take a non-consensual blood test from a driver in a standard DWI case (no accident) … [Read more...]

Warrantless blood tests in DWI cases, states disagree, P 2

In the last post, this blog began a discussion of high court rulings at the federal and state levels concerning whether a warrant is necessary under the Constitution to draw blood during a driving while impaired investigation. The U.S. Supreme Court ruled as far back as 1966, in Schmerber v. California, that a warrantless blood draw taken during a DWI investigation does not violate the Fourth Amendment protections against warrantless searches, provided the blood test is drawn with other … [Read more...]

Warrantless blood tests in DWI cases, Missouri says no in McNeely, states disagree, P 1

Many of the stories on this blog directly involve issues that directly arise under Minnesota's implied consent and driving while impaired laws. However, Minnesota criminal defense attorneys know that violations of rights guaranteed under the United States Constitution can arise in DWI cases all across the country. In other situations, legal issues can arise in other states that parallel the issues facing Minnesota courts. This blog recently discussed the parallel arguments concerning the … [Read more...]

Minnesota Warrantless DWI Tests & Brooks/McNeely Felony DWI AppealArgued

he issue of warrantless DWI tests and coerced consent to testing was argued before the Minnesota Supreme Court in the Brooks case on September 11, 2013.  For more information, check this blog later this week. For more information about warrantless DWI testing and Minnesota DWI's look here: Minnesota DWI Defense Attorneys. … [Read more...]

Police get warrant for May 1 DWI blood draw

Authorities in Hennepin County reportedly obtained a warrant to draw blood in an alleged drunk driving investigation on May 1. Authorities claim that a St. Cloud, Minnesota man led an off-duty Plymouth police officer on a chase that began in Maple Grove near Interstate 94 and Weaver Lake Road. Hennepin County deputies and officers from the Rogers Police Department reportedly were also involved. Officials claim that the off-duty cop noticed a motorcycle driving erratically. A chase was on, and … [Read more...]

Warrantless DWI Tests Tossed in McNeely Opinion by Supreme Court

Today the United States Supreme Court decided the DWI case of McNeely v. Missouri. We have previously blogged on this case several times. In summary, the high Court said that police cannot take a DWI blood sample from a driver without his consent where they also did not have a warrant. This means that Warrantless DWI Tests are unconstitutional, illegal, and should not be allowed. Thus any DWI test evidence gathered without a warrant should be tossed out by a Judge. Because the police in the … [Read more...]

Minnesota Warrantless DWI Tests in Jeopardy as U.S. Supreme Court considers McNeely Case

An extremely important DWI case from Missouri dealing with warrantless DWI testing was argued before the United States Supreme Court on January 9, 2013.  Although this McNeely case came from Missouri, based on Missouri law and is being argued in Washington, D.C. before the highest court in the land, it has the potential to destroy the theoretical underpinnings of Minnesota DWI and implied consent case law. In McNeely, the Missouri Supreme Court specifically discussed our Minnesota case law … [Read more...]

Minnesota’s Warrantless DWI Tests At Issue in McNeely DWI Case in U.S. Supreme Court

An extremely important DWI case from Missouri was argued before the United States Supreme Court on January 9, 2013 (we previously blogged on this here, here, and here.)  Although this McNeely case came from Missouri, based on Missouri law and is being argued in Washington, D.C. before the highest court in the land, it has the potential to destroy the theoretical underpinnings of Minnesota DWI and implied consent case law. In McNeely, the Missouri Supreme Court specifically discussed our … [Read more...]

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