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June 24, 2016

U.S. Supreme Court Weighs in on Minnesota Drunk Driving Laws

Like many states, Minnesota has an “implied consent law” requiring drivers suspected of driving under the influence to submit to a chemical test of their blood, breath, or urine.  Minnesota law makes it a crime for a person to refuse to take a chemical test.  Forcing a person to consent to a chemical test (a search under the Fourth Amendment) by threatening criminal penalties has been the source of much debate in recent years.  Defendants argue that these laws are unconstitutional without a warrant.  Prosecutors argue that various exceptions to the warrant requirement apply. In the recent opinion Birchfield v....
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