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) without either a warrant OR a showing of special circumstances like an emergency stemming from injured persons in a car accident (i.e. “exigent circumstances”). In McNeely, consent was not an issue since the driver refused to consent to the test. The U.S. Supreme Court specifically held that “Exigent Circumstances” do NOT exist just because alcohol exists in every DWI case. I have been arguing the same thing in many cases in Minnesota since at least 2008, as have many other expert Minnesota criminal defense attys.

The Minnesota Supreme Court has dodged the issue, in some respects, because they refuse to grapple with the issue of coerced “consent” in “implied consent” driver’s license revocation cases. NOW our Minnesota state Courts will be forced to deal with the issue head on.

The Minnesota Supreme Court is now forced to deal with the issue of “coerced consent” under the Minnesota Implied Consent Law because McNeely means that the theoretical underpinnings of Minnesota’s criminal DWI and civil implied consent driver’s license revocation laws have been ripped out from under themselves. A house without a foundation will surely fall. Before the U.S. Supreme Court ruled, I had discussed this pending case with many attorneys, clients and judges. Now that the United States Supreme Court has ruled, our foundational DWI case law decisions by the MINNESOTA SupremeCourt in State v. Shriner (Minn. S.Ct. 2008) and State v. Netland (Minn. S.Ct. 2009) are essentially null and void. These decisions are void because the Minn. S.Ct. held in each case that Alcohol DOES create a per se exigency in every CVO (Criminal Vehicular Operation) case (CVO=DWI w/accident and injuries to someone other than the defendant driver) (Shriner) and every standard DWI case (Netland). Thus, the Minnesota Supreme Court concluded that police do NOT need a Warrant OR your “consent” in order to get a sample of your blood, breath or urine in a DWI case AND that if you refuse such a test upon probable cause that you can be charged with the CRIME of test refusal. Now, Warrantless DWI Tests are dead, as is the crime of “DWI Test Refusal.”

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

What Happens If You Get a DWI While Riding a Scooter or E-Bike in Minneapolis?

Minnesota DWI laws apply to all types of motorized vehicles using the road. So, you may get arrested and charged with DWI while riding a scooter or E-bike if your blood alcohol concentration is 0.08 or more. The penalties for a DWI conviction may range from driver license suspension or revocation and fines to imprisonment. A conviction may also result in collateral consequences, including job loss and higher auto insurance premiums. A DWI lawyer can minimize the legal consequences or avoid them altogether. So, be sure to retain a lawyer immediately after you get arrested or charged for riding a scooter or e-bike while impaired.

Can a Criminal Record Impact New Charges in Minnesota?

People with prior convictions and facing new charges may wonder, “Can a criminal record impact new charges in Minnesota?” Having a criminal record can influence how the prosecution and court will handle your current charges. The court may deny your bail request or impose strict conditions. It may also impose harsh penalties. The prosecution, on the other hand, may be reluctant to give you a favorable plea deal if you have a prior conviction for a similar or related offense.