Increased Penalties for DWI/BWI Read More Now

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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.

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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.
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    Outcome: Client was facing a year-long license revocation and a year of having “whiskey plates” for a pending DWI ...

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Our Minneapolis criminal defense lawyers are passionate about protecting our clients' rights as they navigate the legal system. Watch our videos to learn more about what drives our firm to fight for our clients' freedoms and futures or to view our attorneys as they share their experience and insight on various news and media outlets.

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