Minnesota DWI Test Refusal Law Upheld as Constitutional In State v. Bernard, the Minnesota Supreme Court considered whether a Minnesota law criminalizing refusal to take a DWI breath test was unconstitutional. The Court held that the law does not violate a person’s fundamental rights under the constitution, and the refusal law is a reasonable means to […]

Fittingly, the Minnesota Court of Appeals issued a new DWI decision on St. Patrick’s Day. In State v. Bernard, the Court faced the issue of whether prosecuting someone for DWI test refusal was constitutional in light of the limited exceptions to warrants pronounced by the U.S. Supreme Court last summer. Ultimately, the Court held that prosecution […]

No one plans on being arrested for a DWI.  If you knew that you were intoxicated and that you would be pulled over for drunk driving, you’d call a cab.  Despite people’s best intentions, however, it’s a common scene where someone has “one too many” and is pulled over for a driving violation on their […]