If you are suspected of driving under the influence of alcohol, a police officer will likely ask you to submit to a blood, breath or urine test to determine your blood alcohol concentration. You are well within your rights to refuse this test absent a warrant, but Minnesota is one of the few states where […]
US Supreme Court Upholds Minnesota’s Implied Consent Law
The United States Supreme Court upheld Minnesota’s Implied Consent law, which states that it’s a crime to refuse to submit to a warrantless breath test if a cop believes a person is driving under the influence of alcohol. Despite the fact that it seems to go against some of the protections guaranteed by the 4th Amendment […]
Supreme Court Hears Arguments In Implied Consent Case
As we mentioned earlier this week, the US Supreme Court has decided to take a look at the controversially Implied Consent Law in Minnesota. The case went in front of the justices yesterday, and they were treated to more than 60 minutes of oral arguments about the legality of the law. Reading the recap in […]
Minnesota Judges Rule “Implied Consent” Laws Unconstitutional
In the wake of the decision in Missouri v. McNeely, many Minnesota judges have thrown out DUI cases on the basis that the implied consent law, which states that drivers are required to submit to a chemical test at the request of law enforcement, is unconstitutional. Under the implied consent law, a driver can be […]
Intoxilyzer Source Code Appeal Was a Long Shot from the Start
On June 27th, 2012, the MN Supreme Court of Minnesota upheld the validity of the Intoxilyzer 5000EN source code, thrusting more than 4,000 defendants back into the court system after a 6-year holding pattern. The appeal was spearheaded by a group of private MN criminal defense attorneys casually known as the Source Code Coalition, who […]
