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New Developments and Complications in MN DWI Law

By September 14, 2018 No Comments

A recent ruling by the Minnesota Supreme Court “will allow some DWI test-refusal convictions to be retroactively challenged,” reports the St. Cloud Times. In State v. Johnson, the court ruled that “even when someone has pleaded guilty to a warrantless blood or urine test, they have a right to challenge that conviction now that those tests require warrants.” As attorney Luke Neuville stated, this “doesn’t mean you can just go into court and get your case thrown out.” Rather, every challenge brought to the court “will be examined on a case-by-case basis.” Says prosecutor Kevin Voss, “Just because there’s no warrant, there still might be something that upholds that conviction.” Another complication is the recent MN Court of Appeals ruling in State v. Mike, which “appears to say that in [DWI] search warrant cases defendants don’t have a right to counsel,” reports Minnesota Lawyer. Both prosecutors and defense attorneys are working to understand how these two court rulings will work together and with existing law to affect past, current, and future DWI cases.