Motorists in states like Minnesota are sometimes put in difficult positions when suspected of driving while intoxicated. Even those who are sober may not want to consent to a test when an officer does not have a warrant, but refusing a breath test can lead to a license suspension whether one has been drinking or not. Here is some more information about breath tests and the recent decision by the Supreme Court to examine this issue.
Implied Consent
Having a license and driving on the road means that you give implied consent to breath testing and that an officer can request a test when there is probable cause to suggest drunk driving. This could include erratic driving behavior like swerving between lanes or may occur if an accident has happened.
The News
The Supreme Court will hear the cases of drivers who were charged for refusing breath tests in Minnesota and North Dakota. Representatives of the Minnesota case estimated that at least thousands of people face penalties for refusing these tests annually and say the tests are violations of citizen’s federal constitutional rights. In 2013, the court ruled that blood tests cannot be done without a warrant when suspecting drunk driving; opponents of the breath testing laws argue that this means it should not be a separate crime to refuse tests.
Your Options
Regardless of what you are charged with, a Minneapolis DWI lawyer could help you when accused of DWI related crimes. A conviction could result in lasting negative consequences, but you can fight drunk driving charges.
Contact us today for more information about protecting yourself from DWI charges.
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