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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 punished 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, MN!
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 24/7.
1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
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Attorney Joseph Tamburino is a Board Certified Criminal Law Specialist, achieved by only 3% of Attorneys
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