DWI Urine Tests Still Very Open to Challenge and Unreliable

Recently, this blog reported on the Minnesota Supreme Court’s opinion issued earlier this week on February 8, 2011 regarding the question of whether DWI urine tests are reliable.  Specifically, the court did NOT decide the question of whether DWI urine tests are reliable, but instead chose to sidestep the issue on procedural grounds. The high Court refused to decide whether urine tests require a so-called Frye-Mack Hearing on their reliability.

The Supreme Court held that because the trial attorney had limited his arguments to the lack of correlation between urine alcohol concentration (UAC) and blood alcohol concentration (BAC), that it would not address the additional issues of foundational reliability for Minnesota DWI urine tests and the fact that Urine Testing has never been subject to a Frye-Mack ReliabilityHhearing in Minnesota to prove that it is reliable in DWI cases, AS WELL AS the argument that Minnesota uses “first-void” testing which has been rejected for DWI cases by almost every other state.

What does this all mean for YOUR Urine DWI case in Minnesota?  Many issues are still alive and will be challenged by our firm if you retain us to challenge your Urine DWI case.  For instance, First, the supreme court has not decided whether Urine testing for DWI’s in Minnesota needs to be subject to a Reliaiblity Hearing since one has never been held.  Second, are Urine Tests inherently unreliable because of Minnesota’s first-void method of testing, which has been rejected by over 40 states and SOFT, the National Society of Forensic Testing.  Third, are Minnesota’s Urine Tests for DWI cases unreliable and illegal because the BCA has failed to honor the Legislature’s intent when the BCA promulgated a rule allowing first-void testing to be used, which produces an unreliable test result with no correlation to BAC or actual impairment.

Keller Criminal Defense Attorneys has defended many drivers accused of a DWI based on a Urine Test, and will raise all the above, and many more, to help you defend your rights and Stay out of Jail.  Call (952) 913-1421 today to get the Defense you Deserve!

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You might need to know the long-term impacts of a 3rd degree DWI if you have been arrested or charged with driving while impaired (DWI) in Minneapolis, MN. A 3rd-degree DWI conviction can affect you personally, professionally, socially, and financially. A DWI conviction carries consequences, such as paying huge fines, loss of income, paying higher insurance premiums, strained relationships, and reputation damage. Your driver’s and professional license may be suspended or revoked after you are charged or convicted of a DWI. You may also face a civil lawsuit, which costs you money in the form of financial compensation to the accident victim.
One of the questions that people facing sex crime charges in Minnesota ask is: Will I have to register as a sex offender if convicted? You will most likely be required to register as a sex offender if convicted of a sex crime. Factors that determine sex offender registration include the nature and severity of the offense, aggravating factors, civil commitment, and risk level. You must register as a sex offender if you are relocating to Minnesota for school, work, or to live and have been convicted of sex crimes elsewhere.
People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.