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You Can Legally Refuse A Blood Test
The U.S. Supreme Court has decreed it: Minnesotans suspected of driving under the influence will not face penalties if they refuse warrantless blood testing. This stands as a major development in the field of criminal law.
For years, authorities threatened drivers with legal repercussions — including criminal charges and jail time — if they decided not to submit to a blood test. Now authorities are prohibited from doing so. The Supreme Court determined that such tests are unnecessarily intrusive and that administering them against a driver’s will is an intrusion on one’s constitutional rights.
What About Minnesota’s Implied Consent Laws?
Nevertheless, drivers suspected of DUI may still endure severe penalties if they refuse breath tests, even if they are compelled to do so without a warrant being served. This is because, at the same time that the Supreme Court protected individuals from invasive blood testing, the court upheld Minnesota’s implied consent law, which enables authorities to criminalize the refusal of a breath test.
In most cases, drivers who refuse a breath test will have their license suspended for a year or more. But there are means to challenge any penalties, and a knowledgeable attorney can help you maximize your chances of success.
We Provide Legal Help In All Types Of DUI Cases
To speak with a lawyer about your circumstances, reach out to Coodin & Overson, PLLP. We offer free initial consultations, enabling us to assess your case before you’re obliged to pay. You can reach us at 651-319-5180 or contact us online.
Based in Lake Elmo, we serve throughout the region.