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 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 Minnesota and elsewhere are concluding that warrantless DWI tests are illegal and unconstitutional.
Warrantless DWI tests, whether blood, breath or urine tests, are done not only without a warrant, but also without true consent where, as in Minnesota, the driver is told he will prosecuted for “test refusal” for not giving his consent to the alleged “consent search” that he is being asked to take. Obviously when you are asked to make a choice “at the point of a gun,” your consent is not freely and voluntarily given if you “consent” to take a DWI test in order to avoid being jailed for the crime of refusing to “consent.” Likewise of course, the Minnesota crime of DWI test refusal is blatantly Unconstitutional and makes a joke of the word “consent.”
In other encouraging news, the Arizona Supreme Court reached a post-McNeely decision similar to that of the 3 Minnesota judges cited above. The Arizona high court threw out that state’s implied consent law as unconstitutional. For more information on these and other cases, check back to this blog frequently. This entry will be updated later today.