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Warrants Limit MN DWI Drivers’ Right to Counsel

By July 22, 2019 No Comments

The Minnesota Supreme Court recently ruled that in DWI cases, “the limited right to counsel” with an attorney “before consenting to a blood test does not apply when the state has a warrant for a blood draw,” reports Minnesota Lawyer. According to Dakota County Attorney James Backstrom, “This decision implicitly recognizes that a DWI suspect has no greater right to consult with an attorney than does a suspect in a non-DWI criminal investigation prior to a search warrant being executed on their person.” Attorney Daniel Koewler, who wrote to the court on behalf of the Minnesota Association of Criminal Defense Lawyers, disagrees: “I have a hard time with cutting attorneys out of a complicated [blood alcohol content testing] process when the process has been structured around an attorney’s advice about the driver’s rights and consequences.”