On December 11, 2015 the United States Supreme Court accepted review of Bernard vs. Minnesota on the issue surrounding the unconstitutionality of Minnesota’s DWI laws. Previously, the Minnesota Supreme Court decided that a Datamaster breath test in a DWI investigation was a search incident to arrest. Therefore, the State did not require a suspect’s consent, nor a search warrant. The Minnesota Court found that Minnesota’s DWI law, which makes it a crime for refusing the breath test, does not violate our constitutional rights.
We have long argued that it is within our fundamental constitutional right to refuse warrantless searches. Minnesota case law on this issue has been going further down the rabbit hole ever since the Minnesota Supreme Court’s decision in McNeely invalidated the way Minnesota had been processing DWI suspects. The Minnesota Supreme Court has been burying Its head in the sand as to these constitutional violations.
Finally, the U.S. Supreme Court has determined to take the case up for review, and to settle the matter for all. It is likely that the U.S. Supreme Court will issue a decision on in this case in June of 2016. If you are currently charged with DWI in Minnesota, you have a reason to put your case, and possibly your driver’s license revocation, on hold until this matter is resolved. If you’ve recently been charged, please call to learn how we can help you benefit by awaiting the U.S. Supreme Court’s ruling.