U.S. Supreme Court set to weigh state’s breath test law

The U.S. Supreme Court is set to determine whether Minnesota’s DWI laws are constitutional. In Minnesota, when you obtain a driver’s license, you give implied consent to submit to certain sobriety tests if you are suspected of driving while intoxicated. If you refuse to consent to a test, you typically give a police officer the right to arrest you for DWI and you often face more serious penalties for refusing a test. The question before the Supreme Court is whether the current law that requires you to take a breath test also subjects you to an unconstitutional search, and whether a search warrant is required to obtain a breath test. If the Supreme Court strikes down Minnesota’s laws, it will dramatically impact thousands of Minnesota DWI cases.

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