Landmark Decision Could Be a Game Changer for DWI Cases

July 15, 2013  |  Jon P. Erickson

In April of 2013 the US Supreme Court published its decision in Missouri vs McNeely. This is a landmark decision concerning testing of alcohol in driving while intoxicated (DWI) cases. It requires that the police must get a search warrant to take a sample of a person’s blood absent reasonable consent or exigent circumstances. The language in the decision as well as other decisions by both the US and Minnesota Supreme Court suggests that it also applies to urine or breath tests in DWI cases.
Attorneys throughout Minnesota have been arguing in the past months that any tests taken in DWI case are now unconstitutional. This also applies to the civil side of these cases concerning the loss of driver’s licenses, the impounding of plates and the like. I have in my office copies of decisions from Judges in six different counties in both the criminal cases and the civil driver’s licenses cases suppressing evidence from breath, urine, and blood tests relying on the decision in Missouri vs McNeely.
We at BGS are recommending that if you’ve been charged with a DWI and/or if your driver’s license is being taken away from you because of a DWI arrest, you should talk to one of our attorneys about your rights. There is much that can be done because of this landmark decision and what we see Judges doing throughout Minnesota.
It is currently difficult to predict how far this is going to go, but it is clear that this is the best opportunity we have seen in many years to possibly help you get your charges dismissed, and your licenses back!
The DUI/DWI defense attorneys at Barna, Guzy & Steffen stand ready to help, call us today.