Tag: Blood Sample

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.
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.