Tag: Implied Consent

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.
An extremely important DWI case from Missouri dealing with warrantless DWI testing was argued before the United States Supreme Court on January 9, 2013. Although this McNeely case came from Missouri, based on Missouri law and is being argued in Washington, D.C. before the highest court in the land, it has the potential to destroy the theoretical underpinnings of Minnesota DWI and implied consent case law.
The Minnesota Gophers have announced that an assistant coach with the basketball team has been suspended while the University of Minnesota sorts out disciplinary measures. Assistant men’s basketball coach Saul Smith was arrested Saturday in Minneapolis on suspicion of driving while impaired. Smith is the son of head coach Tubby Smith.
Every state in the union has laws prohibiting drunk driving. In association with driving while impaired statutes, states generally have implied consent laws in place which mandate that drivers who fail a DWI test, or refuse a test, automatically lose their driver’s license before they have even been convicted, subject to the right to appeal the DL Revocation by filing an Implied Consent Petition.
The Minnesota Gophers have announced that an assistant coach with the basketball team has been suspended while the University of Minnesota sorts out disciplinary measures. Assistant men’s basketball coach Saul Smith was arrested Saturday in Minneapolis on suspicion of driving while impaired. Smith is the son of head coach Tubby Smith.