Warrantless DWI Tests Tossed In Stearns Co.

Max Keller of Keller Law Offices recently won the first known victory on the McNeely warrantless DWI testing issue in an Order from Judge Grunke in a Stearns Co. Implied Consent hearing challenging a Driver's License Revocation. Two other Judges recently issues similar rulings in Washington County and Sibley County. 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 … [Read more...]

Are Warrantless DWI Tests Still Legal in Minnesota after McNeely?–Part I

If you have a criminal DWI case or criminal DWI test refusal case, and/or civil implied consent driver's license revocation cases pending, you may have heard of the recent U.S. Supreme Court decision in McNeely v. Missouri issued 4-17-13. In McNeely the U.S. Supreme Court held that Warrantless DWI Tests are illegal without consent or "exigency circumstances." The U.S. Supreme Court said that Missouri could not take a non-consensual blood test from a driver in a standard DWI case (no accident) … [Read more...]

Warrantless blood tests in DWI cases, states disagree, P 2

In the last post, this blog began a discussion of high court rulings at the federal and state levels concerning whether a warrant is necessary under the Constitution to draw blood during a driving while impaired investigation. The U.S. Supreme Court ruled as far back as 1966, in Schmerber v. California, that a warrantless blood draw taken during a DWI investigation does not violate the Fourth Amendment protections against warrantless searches, provided the blood test is drawn with other … [Read more...]

Warrantless blood tests in DWI cases, Missouri says no in McNeely, states disagree, P 1

Many of the stories on this blog directly involve issues that directly arise under Minnesota's implied consent and driving while impaired laws. However, Minnesota criminal defense attorneys know that violations of rights guaranteed under the United States Constitution can arise in DWI cases all across the country. In other situations, legal issues can arise in other states that parallel the issues facing Minnesota courts. This blog recently discussed the parallel arguments concerning the … [Read more...]

Protection of home defends Hennepin County man from DWI charge

During the month of December, the holidays are upon us. It is not uncommon for there to be holiday parties with holiday drinks. Along with the holiday festivities, however, comes an increased presence of law enforcement on Minnesota streets. It is important to never forget that a person has invaluable rights to protect himself from the personal and professional damage of a drunk driving charge. A man who is well-known as a result of serving his community in Rogers, MN is an example of someone … [Read more...]

Minnesota Warrantless DWI Tests & Brooks/McNeely Felony DWI AppealArgued

he issue of warrantless DWI tests and coerced consent to testing was argued before the Minnesota Supreme Court in the Brooks case on September 11, 2013.  For more information, check this blog later this week. For more information about warrantless DWI testing and Minnesota DWI's look here: Minnesota DWI Defense Attorneys. … [Read more...]

Warrantless DWI Tests Tossed in McNeely Opinion by Supreme Court

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 DWI test evidence gathered without a warrant should be tossed out by a Judge. Because the police in the … [Read more...]

Court: search warrants generally required for DWI blood draws; Warrantless DWI Tests Outlawed

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 … [Read more...]

Minnesota Warrantless DWI Tests in Jeopardy as U.S. Supreme Court considers McNeely Case

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. In McNeely, the Missouri Supreme Court specifically discussed our Minnesota case law … [Read more...]

US Supreme Court to Decide in McNeely if DWI Blood Draws Require a Warrant

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. Individual states may differ on some elements of what may constitute DWI and the scope of what type … [Read more...]

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