Refusal Thrown Out For Keller Criminal Defense Attorneys Client

Max Keller of Keller Criminal Defense Attorneys’ motion to dismiss a 3rd degree DUI Refusal in violation of Minnesota Statute 169A.20 Subdivision 2 was granted in Cottonwood County. A cottonwood county district court judge dismissed the refusal charge last month. Our client was charged with 3rd Degree DUI refusal and 4th Degree driving under the influence. The United States constitution and Minnesota Constitution holds that people have the right to be secure in their persons, houses, paper and effects against unreasonable searches and seizures. The Minnesota Constitution also holds that warrantless searches and seizures are per se unreasonable, subject to recognized exceptions such as a search conducted pursuant to consent.

Our client did not consent to a urine or blood test. He was asked whether he would like to take a blood test and he said no. He was then asked whether he would agree to take a urine test and he also said no. The State was unable to provide the court with an exception to the request for the warrantless draw of blood. The state tried to argue the search incident to arrest exception to the search warrant requirement. The criminal defense attorneys at Keller Criminal Defense Attorneys pointed out and argued that the Trahan and Thompson Cases held that the request for a warrantless blood or urine test was unconstitutional. Keller Criminal Defense Attorneys was successful in their argument.

The Trahan case involved a driver who got pulled over and was arrested for a DUI. He was offered a blood or urine test and he agreed to provide a urine sample. The officer believed that his sample was tampered with an asked him to take a blood test which he refused. He was charged with refusal and appealed. Trahan argued that the test-refusal statute violated his right to due process by criminalizing his refusal to submit to a warrantless test of his blood. The appellate court held that the test refusal statute violated his right to substantive due process by criminalizing his refusal of an unconstitutional search. The court held that a warrantless blood test would not be allowed under the search incident to arrest exception and that there was nothing preventing the police from seeking a warrant before obtaining a blood sample.

In Thompson the driver was pulled over and arrested. The driver refused a blood and urine test and also argued to the appellate court that the test refusal statute violated his substantive due process rights under the constitution by criminalizing his refusal to submit to a warrantless blood and urine test. The court held that a warrantless urine test cannot be justified under the search incident to arrest exception. The court held that a urine test is more intrusive than a breath test.

Both the Trahan and Thompson decisions will be heard in the Minnesota Supreme Court in the first week of June this year. Stay tuned for updates on what the Minnesota Supreme Court will decide. If you have been charged with DUI test refusal, contact Keller Criminal Defense Attorneys immediately. Contact Keller Law Office’s website at www.kellerlawoffices.com or call 952-913-1421 for a free consultation.

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

Digital Evidence in Sex Crime Cases: How Your Online Activity Can Be Used Against You in Minnesota

Prosecutors in Minnesota use digital evidence in sex crime cases to connect suspects to crimes. They analyze the chronological order of online events and statements to show intent, motive, or premeditation. The common types of evidence used in sex crime investigations include direct, actual, and circumstantial evidence.

Can You Be Charged With a DUI If You’re Sleeping in Your Car in Minnesota?

One of the questions DUI lawyers in the state often answer is: Can you be charged with a DUI if you’re sleeping in your car? You can face DUI charges in Minnesota even if you are not actively operating your car. The “physical control” law states that anyone with the capacity to drive a vehicle while intoxicated can get arrested and charged with DUI.

How Prosecutors Use Text Messages in Minnesota Drug Cases

Prosecutors use text messages in Minnesota drug cases to prove circumstantial evidence. Text messages can prove intent or motive to distribute drugs. Knowing how your text messages may be used against you in a drug crime case can help you plan an effective defense strategy. That’s why you should involve a Minnesota drug crime attorney immediately after you get arrested, charged, or discover the police are investigating you for a drug crime. Your lawyer can carefully examine your text messages and determine the best way to counter the prosecution’s case.