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Field sobriety testing during a traffic stop for suspected drunk driving can be an invasive method of detecting intoxication. Because there is much at stake for anyone facing charges of this offense, it may be wise for all drivers to familiarize themselves with the laws surrounding search warrants in Bloomington DWI cases.
As is true with all criminal prosecutions, the manner in which law enforcement collects blood alcohol content evidence in a DWI case requires close constitutional scrutiny. Whenever a prosecutor attempts to use improperly obtained information to secure a conviction, it is crucial for the defendant to fight back. If you find yourself facing DWI allegations after a traffic stop search warrant, a DWI attorney could help you prepare a compelling defense.
Minnesota is an implied consent jurisdiction. This means that by virtue of physically controlling or operating a vehicle within the state, motorists under suspicion of DWI are prohibited from refusing to take a breath test when requested by law enforcement. Minnesota Statute §169A.51 provides that those who decline to undergo such testing may face additional consequences on top of any criminal sanctions that may result in their case.
While officers are permitted to administer breath tests on suspects immediately upon making a traffic stop, the Minnesota Supreme Court held in 2015 that tests of a suspect’s urine or blood require a search warrant. This is due to the greater amount of sensitive personal information routinely gleaned from these more invasive forms of testing. According to a ruling from the United States Supreme Court, any attempt to criminalize a defendant’s unwillingness to undergo a warrantless blood or urine test is a violation of the constitutional safeguards against unreasonable searches and seizures.
DWI charges can be overwhelming, and these offenses are often prosecuted seriously. The potentially far-reaching professional, financial, and personal consequences make it all the more important to mount a vigorous defense. Fortunately, a local DWI attorney could understand how to attack the prosecution’s case and work to undermine their evidence in such cases, particularly when blood or urine testing occurs in an unconstitutional manner.
In cases where an arresting officer fails to secure the necessary search warrant before performing a blood or urine test on a DWI suspect, it may be possible to have the resulting evidence tossed from the case entirely. Even if an arresting officer did obtain a warrant, there are still other avenues of defense a seasoned attorney can employ, including casting doubt on the validity of breath, blood, or urine testing procedures, exposing flaws in the evidence chain of custody, and more.
A driving while intoxicated conviction poses a real threat to any defendant’s future, and when a prosecution proceeds based on evidence secured in violation of the law, an aggressive response is required. If you are facing criminal allegations of this nature and want to assert your rights in court, a lawyer who understands the rules of search warrants in Bloomington DWI cases is ready to help. Schedule a consultation to learn more.