Minnesota judges continue to rule against implied consent law

We have discussed the issue of warrants in drunk driving investigations—an issue that was highlighted recently when the United States Supreme Court ruled that in a routine DWI investigation law enforcement acted improperly in seeking a blood sample without a warrant. The high court ruled the defendant’s constitutional rights were violated.

Prosecutors across the country began arguing in the wake of the McNeely decision finding the warrantless blood draw that the case only included blood tests. But judges in Minnesota have been giving some mixed rulings in other types of DWI investigations.

The St. Cloud Times recently reported that four Stearns County judges have found Minnesota’s implied Consent law is unconstitutional. Two others reportedly have disagreed in specific cases, according to the Times. An Anoka County judge ruled that an implied breath test after a traffic stop for a malfunctioning tail light was unconstitutional because it was conducted without a warrant.

Followers of this blog may not be surprised to hear that a growing number of Minnesota judges are applying U.S. Supreme Court precedent to Minnesota’s implied consent laws. Last month we discussed the issue as judges in Minnesota and Arizona began addressing the issue anew after the nation’s highest court issued its ruling. But, with a smattering of rulings coming out with a different result, the issue may be headed for a criminal appellate ruling.

A person accused of a crime has the right to defend against the charges in court. Many Minnesotans understand the concept, but it is important to note that a person convicted of a crime, including DWI, continue to have rights in court. A person can appeal the conviction, but timing is important.

Anyone who feels that the trial court process resulted in a wrongful DWI conviction can consult with legal counsel knowledgeable in criminal appeals to learn what appellate defenses may be available in a specific set of circumstances.

Source: The St. Cloud Times, “DWI case could mean changes for law enforcement,” Davis Unze, June 29, 2013

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

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.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.