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October 2015 Archives

Do you have a warrant for that blood test, officer?

The status of law enforcement's right in Minnesota to demand a blood test of suspected drunk driver took another turn this week, with the release of an opinion by the Minnesota Court of Appeals in a case called State v. Trahan. The case involved a driver suspected of DWI who refused to take a blood test. Rather than prosecuting him for driving while intoxicated based on other evidence of impairment, the state only charged him under Minnesota's unusual crime of refusing to test under the state's implied consent law.

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