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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.
The United States Supreme Court ruled Wednesday that the natural dissipation of alcohol in the human bloodstream is not a sufficient justification by itself to avoid the warrant requirement to conduct a blood draw in a routine drunk driving investigation. The long awaited McNeely decision (we previously previewed the McNeely case and its potential impact on Minnesota DWI cases last month) says that circumstances may arise in individual cases that make obtaining a warrant impractical, but the natural dissipation alone is insufficient to conduct a warrantless blood draw after a driving while impaired arrest.
Most people accused of driving while impaired in Minnesota are accused of driving drunk in a traditional motor vehicle. But, as followers of this blog recognize, Minnesota’s DWI laws are interpreted broadly in many cases. Many Minnesotans may remember a story about a DWI in a motorized reclining chair that made headlines years ago.
Hennepin County authorities have charged a Minneapolis, Minnesota man with felony hit-and-run and misdemeanor driving while impaired charges in relation to a fatal bike accident on March 30. Minneapolis Police say that officers found a woman lying in the middle of Lake Street shortly after 2:15 that morning.
A 21-year-old Woodbury, Minnesota man is facing felony drunk driving charges after he was pulled over shortly after 2:00 in the morning on March 16. Woodbury Police claim that an officer watched a car leave from the area near a saloon and cross into a parking lot outside a fitness center in Woodbury. The officer claims that the driver of the car did some “doughnuts” in the fitness center’s parking lot.
The United States Department of Justice says that a Northern Minnesota man has been indicted in federal court on involuntary manslaughter charges after he was allegedly involved in a fatal accident. The crash was reported on the Red Lake Indian Reservation in Northern Minnesota last October. Investigators believe that the Blackduck, Minnesota man was driving drunk on Minnesota highway 15 when he lost control of his car. A female passenger in the vehicle was killed in the wreck.
Police believe that a domestic spat led to several charges for an Inver Grove Heights, Minnesota man last week. Law enforcement says that the man was driving through an Inver Grove Heights intersection around 12:38 in the morning without any headlights illuminated.
Minnesota students are working with state lawmakers on a measure that would provide immunity to underage drinkers who report a medical emergency, in specified circumstances. Many college students say that teens and 20-year-olds feel reluctant to report a medical emergency if people have been drinking due to the prospect of prosecution for an alcohol offense.
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