Tag: DUI/DWI

Charges of drunk driving are nothing to take lightly. In fact, a drunk driving conviction could cost you dearly for years to come – not just in terms of its financial impact, but its impact on your reputation, livelihood, and freedom.
Max Keller of Keller Criminal Defense Attorneys recently won the first known victory on the McNeely warrantless DWI testing issue in an Order from Judge Grunke in a Stearns County DWI Implied Consent hearing challenging a Driver’s License Revocation. Two other Judges recently issues similar rulings in a Washington County DWI and a Sibley County DWI. So, as you can see, judges from all over the state are beginning to wake up and realize that the Constitutional applies to DWI defendants as well as to everyone else. Judges in Minnesota and elsewhere are concluding that warrantless DWI tests are illegal and unconstitutional.
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 DUI/DWI test evidence gathered without a warrant should be tossed out by a Judge.