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 reliability of the Intoxilyzer breath testing machine that are being raised in Florida and Minnesota.

The Minnesota Supreme Court has the Intoxilyzer issue under review and is expected to issue a ruling that involves some 4000 Minnesota DWI and implied consent cases, although the high court does not have a deadline for issuing its rulings.

Recently, the Missouri Supreme Court sided with the trial court judge in ruling that a warrantless blood draw in a routine DWI case violated the defendant’s right to be free from unreasonable search and seizures. The prosecutor who lost that case says he intends to appeal the issue to the U.S. Supreme Court.

The issue of blood tests in DWI cases varies from state to state. Minnesota authorizes the use of blood tests in the implied consent and driving while impaired statutes. The laws provide specific procedures for how, and who, can draw a blood sample. Over the years, challenges have been brought to the taking of blood samples without a warrant as being unreasonable searches and seizures under the Fourth Amendment.

The Missouri decision (McNeely v. Missouri) requires law enforcement to get a warrant to draw blood in a routine DWI case in that state. That ruling differs from the law in Minnesota, but the decision shows a growing spilt among states on the issue, despite a 1966 U.S. Supreme Court ruling in an alcohol-related car accident.

Sources: AP via Southeast Missourian, “Mo. Supreme Court rejects warrantless DWI blood test in Cape County case,” Dana Fields, Jan. 18, 2012

Minnesota Supreme Court, “State v. Shriner, A07-181,” May 30, 2008

Minnesota Court of Appeals, “Harrison v. Commissioner of Public Safety, A09-1949,” May 4, 2010

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

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.