Skip to main content

Minn. Supreme Court ruling could set new precedent for DWI cases

  • Author:
  • Updated:
    Original:

The Minnesota Supreme Court is expected to issue a decision Wednesday morning on whether police need a warrant to take blood, breath and urine tests of suspected drunk drivers.

The case, State v. Brooks, is a consolidation of three DWI cases involving Wesley Eugene Brooks, 40, of Prior Lake who consented to tests in all three arrests, but later argued he was coerced.

According to the Minnesota Lawyer blog, the defense argues that a DWI stop alone is not reason to take someone's blood, breath or urine without consent and doing so is a violation of their constitutional rights.

The blog describes the case as Minnesota's Missouri v. McNeely, in the which the U.S. Supreme Court ruled that police, in most cases, are required to obtain a warrant before subjecting a suspected drunk driver to a blood test.

Following the ruling, Stearns County implemented a policy in August that says law enforcement officers need a search warrants to obtain blood samples from suspected drunk drivers who refuse chemical tests.

In Minnesota, blood tests make up less than 20 percent of DWI cases. Most arrests occur after a breathalyzer test.

Under the state's implied consent law, a suspected drunk driver can be charged with a crime if a blood, breath or urine test is refused.

Washington County Attorney Pete Orput said he's not convinced the U.S. Supreme Court decision affects the state's implied consent law, but the Minnesota Supreme Court decision might provide more clarification.

Next Up

Melanie Valencia

Northfield bicyclist killed in crash identified as 14-year-old

She was riding her bike to soccer practice before a driver hit her last week.

Samantha Holte

Appeal to find 17-year-old Minnesota girl

She was last seen north of Fergus Falls.

Pixabay - water surface

Man's body found near empty fishing boat on St. Croix River

The boat, and an unoccupied truck found on the shore, belong to a 43-year-old White Bear Lake man.

SuspectsWantedMOAShooting

Police identify MOA shooting suspects, issue nationwide warrants

Three Twin Cities residents were charged Monday in connection with helping the suspects escape.

Screen Shot 2022-08-04 at 7.25.42 PM

Charges: Best Western employees helped MOA shooting suspects escape

Prosecutors allege two Best Western employees helped the suspects escape.

election, vote

What to watch for in 2022 Minnesota primary elections

Bring Me The News brings you a breakdown of what to watch for Tuesday.

Aaron Peterson

Charges: Felon accused of firing shots at police during Meeker Co. standoff

The 31-year-old surrendered after a 28-hour standoff in rural Meeker County.

flash flooding

Weekend rain totals pushed 6+ inches in Minnesota, Iowa; 10 in Illinois

Big-time rain totals across southern Minnesota, southeast South Dakota, northern Iowa and northern Illinois.

Airport traveler flying pixabay

Man who had meth, guns in checked luggage at MSP Airport gets 10 years

Kevin Alan Aguilar-Moreno, 21, attempted to board a Delta flight to Phoenix in October of last year.

Screen Shot 2022-08-08 at 7.13.33 AM

Family identifies man killed by police in Otsego

The 21-year-old was reportedly experiencing 'mental health challenges' and allegedly had a knife when deputies opened fire.

88 S 11th St, Minneapolis, Minnesota - April 2022 (1)

Gun found on WCCO-TV rooftop after homicide in Minneapolis

It's the 56th death reported as a homicide in Minneapolis this year.

Related