Blood Tests for DWI in Minnesota
Challenging Chemical Test Evidence in a DWI Case
The Minnesota Court of Appeals determined that a search warrant is required
before a blood test can be performed on a DWI suspect. It was once a crime
to refuse a blood test, but the law now reflects that
you cannot be penalized for not consenting to a blood test without a warrant. Although breath tests are typically favored over blood tests, this is
a very big deal for DWI law.
Cases where warrants were not secured prior to a blood draw may be challenged,
as the courts have now decided that this is an “unreasonable search
and seizure” and a violation of a person’s constitutional
rights. Any evidence obtained from an illegal blood test cannot be used
in court, and could result in a dismissal of the case. Read more about
this change to Minnesota law
Facing DWI charges in Minnesota? Contact our firm 24/7 for a
Why Take a Test You Aren’t Legally Required to Take?
The debate over public safety and personal privacy when it comes to DWI
testing is a complicated one, but one thing is now clear: those
accused of DWI cannot be forced to submit to an invasive test simply because of an officer’s
suspicion. Since people have a right not to incriminate themselves under
the Fifth Amendment, it is unjust that they should be served punishment
for refusing to confirm or deny a suspicion when they do not legally have
to submit evidence against themselves.
Blood tests require the use of a needle, making them far more invasive than a
breath test. The accuracy of blood tests is also questionable. If blood samples are
not handled properly, they can become corrupted and produce inaccurate
results. If you were arrested on suspicion of DWI after refusing an illegal
blood test, we urge you to assert your right to legal representation and
get in touch with a Minneapolis DWI lawyer at Caplan & Tamburino Law
Firm, P.A. as soon as possible.
Speak with Our DWI Attorneys in Minneapolis!
The Fourth Amendment exists to protect people against unreasonable search
and seizure, and the Minnesota Court of Appeals has agreed that invasive
blood tests conducted without a search warrant violate this constitutional
protection. If you have been penalized for refusing to take a blood test
without a warrant, we may be able to challenge your case. Caplan &
Tamburino Law Firm, P.A. has a successful history of DWI defense and have
helped thousands of clients since 1983.
schedule your free consultation with a Minneapolis DWI attorney, get in touch with a member of our team
today at (612) 444-5020. We are available day and night to take your call!