Is Minnesota’s DWI Test Refusal Statute Constitutional?

Is Minnesota’s DWI Test Refusal Statute Constitutional?

In Minnesota it is a crime to refuse to take a breath, blood, or urine test once you have been lawfully placed under arrest. The legality of Minnesota’s DWI test refusal statute is currently being challenged and is on appeal to the United States Supreme Court.
On December 11, 2015 the Supreme Court of the United States granted a writ of certiorari and will consider the question of whether Minnesota’s DWI test refusal statute is constitutional. If the Court decides that criminalizing a test refusal of a warrantless search of a person through a breath test is unconstitutional, it will have a major impact on current and future DWI cases.
What does this mean for people currently charged with refusal to submit to a breath, blood, or urine test? Many attorneys are using this decision by the Supreme Court to postpone resolution of their clients’ cases until the Supreme Court weighs in on the issue. So if you are currently charged with a gross misdemeanor for DWI test refusal, it is important to know that the law surrounding the legality of this statute can impact your case. In order to discuss your options and choices, contact us today.


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