October 23, 2013
The Minnesota Supreme Court issued a decision today in State v. Brooks, which deals with the admissibility of blood, breath, and urine test result in DWI cases in Minnesota. You can access the entire decision by clicking here.
DWI charges in Duluth after State v. Brooks
For those who want a quick down and dirty without reading the entire 19 page decision, the Minnesota Supreme Court basically ruled that “when, based on the totality of the circumstances, appellant consented to the search, police [do] not need a warrant to search [a defendant’s] blood or urine.”
In addition, the Court struck down Brooks’ argument that the Minnesota Implied Consent Statute is unconstitutional. The Court stated that Brooks’ argument is inconsistent with the U.S. Supreme Court’s discussion of implied consent laws in Missouri v. McNeely, in which the U.S. Supreme Court characterized implied consent laws as “legal tools” states use to enforce drunk driving laws. In addition, the Court stressed that it was not finding that Brooks “impliedly” consented to a search of his urine or blood, but rather that consent was found based off the totality of the circumstances.
Hiring a DWI lawyer in Duluth, MN
As you can see, DWI laws in Minnesota are quite complicated. If you have been charged with driving while impaired or DWI in Duluth, Minnesota, you should contact a DWI lawyer as soon as possible. To schedule a complimentary consultation, contact Poole Law Office PLLC by calling 218-461-0247, or by filling out the contact form on the right side of the screen.