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Caplan & Tamburino Law Firm, PA

We have over a century of collective legal experience and have been practicing in state and federal courts across Minnesota since 1983.

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 here.

Facing DWI charges in Minnesota? Contact our firm 24/7 for a free consultation!

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.

To 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!

Put Our Attorneys On Your Side

Our team has 100 years of collective experience. Our lawyers, Allan Caplan and Joe Tamburino, are frequently featured on local news networks, including radio and television appearances on Fox and WCCO radio. This has helped Caplan & Tamburino Law Firm, P.A. rise to prominence and gain a solid reputation of fighting vigorously not only for our clients, but also against the injustices they face when they have been charged with a crime or have been wrongfully injured.

Attorney Profiles

Recent Case Victories

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    Defense: Negotiated dismissal of charges Outcome: Attorney Hillary Parsons spoke with the alleged victim who reneged on ...

  • Second Degree DWI No Executed Jail Time

    Defense: Negotiated probation and admission to Veterans Court Outcome: Client was facing a 90-day mandatory minimum ...

  • Theft Charge Dismissed

    Defense: Negotiate dismissal of charges after one year probation Outcome: Despite client having a recent theft case from ...

  • 5th Degree Drug Possession (Felony) Charge Dismissed

    Defense: Get charge reduced or dismissed Outcome: Client was charged with Felony 5 th Degree Drug Possession in Anoka ...

  • 3rd Degree Assault Not Guilty

    Defense: We won a Jury Verdict of “Not Guilty” Outcome: Joe Tamburino and Charlie Clas represented our client on the ...

  • Interfering with a 911 Call, Domestic Assault, 5th Degree Assault, Criminal Damage to Property and Disorderly Conduct Charge Dismissed

    Defense: Negotiate dismissal of charges after one year probation. Outcome: Attorney Carlson was able to convince the ...

  • 4th Degree DWI; Implied Consent Proceeding Reduction of Charges

    Defense: Negotiate reduced charge; motion to rescind license revocation Outcome: Attorney Urbas was able to resolve the ...

  • No Proof of Insurance/Warrant for Failure to Appear Charge Dismissed

    Defense: Get charges dropped Outcome: Client was charged with operating a motor vehicle without proof of insurance. ...

  • Hit and Run – Occupied Vehicle Charge Dismissed

    Defense: Obtain Continuance for Dismissal Outcome: Client was charged with hit and run of an occupied vehicle in ...

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We take calls at any time of the day or night, so please don’t wait to find out how we can assist you. During your first meeting, we'll evaluate your case and determine if we are the right fit for you.

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