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 […]
McNeely DWI part 2 – Constitutional Rights
The best place to start our discussion of the issues surrounding this whole McNeely frenzy is identifying the fundamental constitutional protections that all of us enjoy, as enshrined in the Bill of Rights, and how these rights are implicated by a DWI arrest. Which of these rights are implicated throughout a DWI arrest, and how […]
U.S. Supreme Court calls Minnesota’s DWI Laws into Question
On April 17th, 2013, the United States Supreme Court delivered an opinion, Missouri v. McNeely, which called into question nearly every aspect of Minnesota’s DWI law. Not only does the ruling in McNeely raise doubts about the constitutionality of our DWI law in its entirety, Supreme Court Justice Sonia Sotomayor explicitly overturned what has become […]
Supreme Court Ruling Could Impact Minnesota DUI Procedure
The United States Supreme Court ruled Wednesday that suspicion of driving under the influence is not grounds in and of itself for authorities to draw a blood sample from a suspect without first obtaining a warrant from a judge. The U.S. Supreme Court ruling upheld a previous decision by the Missouri State Supreme Court which […]
