Blood Tests for DWIs
There have been drastic changes in Minnesota for how officers obtain the blood from suspects accused of driving while impaired. For incidents occurring after July 1, 2017, officers must choose whether to read a DWI suspect the Implied Consent Breath Test Advisory or attempt to obtain a warrant for a sample of the suspect’s blood.
Prior to July 1, 2017, officers would have discretion as to which of the three tests – breath, blood or urine – would be offered to a DWI suspect. With the 2017 changes, an officer can still charge a DWI suspect with criminal refusal upon that suspect’s refusal to take a breath test. However, under the new law, a DWI suspect cannot be charged with criminal refusal for refusing to submit a blood sample unless the officer first obtains a search warrant and a blood or urine test is first offered (and refused).
The changes to Minnesota DWI law stem from a decision by the United States Supreme Court. They concluded that it is unconstitutional to criminalize the act of refusing to submit to a warrantless blood search. As you can see - DWI Law in Minnesota continues to change at a rapid pace. Because of this it is important you reach out to an experienced Minnesota DWI attorney to help you navigate your case. Give one of the attorneys at Halberg Criminal Defense a call to discuss your case.