DUI Enforcers!

Minnesota Supreme Court Affirms DUI Convictions based on Implied Consent

Wednesday, October 23, 2013 8:22 AM | Anonymous

The US Supreme Court vacated the defendant's three DUI convictions and ordered the state supreme court to consider the issue anew in light of it recent decision in Missouri v. McNeely.   The Minnesota Supreme Court agreed McNeely changes Minnesota law, but concluded a warrant was not required because the defendant consented following the implied consent advisory.  The court concluded this allowed law enforcement to lawfully obtain both blood and urine in the three cases consolidated on appeal in Minnesota v. Brooks. 

The full opinion is here: Minnesota v Brooks SC Opinion 10_2013.pdf  

Congratulations to the prosecutors of Minnesota on a job well done!   Brooks will undoubtedly seek US Supreme Court review of the opinion, so this may be the first test of implied consent laws following McNeely.  

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