Increased Penalties for DWI/BWI Read More Now

Start With Your Free Consultation 612.444.5020

Attorney Charles Clas Discusses DWI Blood Test Ruling on Fox 9

The Minnesota Court of Appeals has recently overturned the conviction of a man who was arrested and accused of DWI in October of 2012. The judge ruled that because there was no warrant involved, criminalizing a driver who refuses a blood test is a violation of their constitutional rights. While refusing a breath test can still result in penalties, the judge ruled that because blood tests are more invasive, a warrant must be obtained before they can be administered.

While obtaining a warrant may not be as efficient in the pursuit of a DWI charge, proceeding with a blood test without one is now officially considered an “unreasonable search,” and any evidence obtained will be dismissed. As such, law enforcement must obtain search warrants for DWI blood tests.

Our own Attorney Charles Clas recently appeared on Fox 9 news to discuss the case and the fact that blood tests are not the common chemical test in DWI cases. Even though blood tests are not as common as breath tests, the ruling is still a big decision that could lead to the challenging of cases where blood tests were taken without warrants.

According to court documents, the man was pulled over by a Ramsey County sheriff’s deputy for erratic driving and speeding. Upon approaching the vehicle, the sheriff noticed that he smelled strongly of alcohol, had red, watery eyes, and had difficulty standing. Because he was clearly “agitated and unpredictable,” the sheriff opted not to administer a field sobriety test.

He arrested the driver and took him to the local police station, where he was asked to take a blood or urine test. The sheriff alleges that the man tampered with his urine test by filling it with sink water, and subsequently refused a blood test. This refusal resulted in a first-degree refusal to submit to a chemical test. Compounded with his previous DWI convictions, Trahan was sentenced to 60 months in prison. He has been in prison since 2012.

The Ramsey County attorney’s office intends to file a petition asking the Minnesota Supreme Court to reverse the appellate decision.

Need a DWI Lawyer? We’re Available to Help

If you are facing penalties for refusing an unwarranted DWI blood test, contact Caplan & Tamburino Law Firm, P.A. Your rights have been violated and we may be able to help you get your charges dismissed. Speak with a Minneapolis DWI defense lawyer today to learn how we can help by calling us at (612) 444-5020.


What Our Clients Are Saying

  • “I strongly recommended to anybody who needs a criminal lawyer representation ” - M.M.
  • “ I just wanted to thank you so much! I am so pleased with all the hard work you put in. I would have never had the chance to get the outcome I did without you. You did an amazing job and we are feeling very greatful to have made the right call when we chose you.” - P.K.
  • “ Hi Allan, Just wanted to say thanks for the phone call last night and all the support today at court. It's been the most stressful time of my life but your advice, superior knowledge, confidence, and support are very much appreciated.” - D.D.
  • “Just wanted to take a moment to thank you for helping me get my life back! ” - C.C.
  • “The outcome was just what you said was possible from the first meeting. My wife has had so much pressure relief from knowing that she doesn’t have a DUI hanging over her head. ” - J.F.
View More Testimonials

Don't Wait To Request Your Free Consultation

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.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please make a selection.
  • Please enter a message.