Important DWI Info
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Important DWI Case Issued in 2013 by United States Supreme Court: Missouri v. McNeely
A very important case was decided that may affect all DWI cases in Minnesota. The United States Supreme Court has ruled that, at least in some situations, police officers cannot compel a person to provide a test to determine your alcohol level without first obtaining your valid consent or a search warrant. Although the case applied to a nonconsensual blood draw, we believe there are strong arguments that the same legal analysis also applies to urine and breath testing. In addition, even if you "consented" to a test, that consent might not be valid because the State threatens drivers with increased criminal and driver's license penalties. Dave Risk and Marsh Halberg from our office were interviewed regarding this important DWI topic. To see that KARE 11 video click here or the image below or to read the decision in its entirety click here. HCD recently published an article in Attorney at Law Magazine regarding this same issue. The article, intended for other attorneys, is included below.
