Minnesota DWI Update 2017
Here is what you need to know:
1. The Minnesota Implied Consent Advisory has been amended to be titled Breath Test Advisory. It will now only be read to suspected DWI offenders who will be offered to take a breath test to measure their BAC (Blood Alcohol Concentration). Minn. Stat. § 169A.51, subd. 2 (2017).
2. A search warrant is required if a peace officer wants to get a sample of a DWI suspect’s blood or urine. Minn. Stat. § 169A.51, subd. 3 (2017).
3. There is a new advisory procedure for blood or urine tests pursuant to a search warrant. The requirement for the advisory is that a DWI suspect must only be informed that “refusal to submit to a blood or urine test [comply with the search warrant] is a crime”. Minn. Stat. § 171.177, subd. 1 (2017).
4. If a search warrant is obtained, a DWI suspect may refuse to take the first test offered (whether blood or urine) but may not refuse to take the second test (whether blood or urine). “If the person to whom the test is directed objects to the test, the officer shall offer the person an alternative test of either blood or urine. Action may be taken against a person who refuses to take a blood test only if a urine test was offered and action may be taken against a person who refuses to take a urine test only if a blood test was offered.” Minn. Stat. § 171.177, subd. 2 (2017).
5. Refusal to comply with a test pursuant to a search warrant will result in a Driver’s License Revocation of 1 year and License Plate Impoundment as it does in breath test cases. Minn. Stat. § 171.177, subd. 4 (2017).
6. The amount of time to challenge a Driver’s License Revocation and petition the court for review has been changed from 30 to 60 days following receipt of a Notice and Order of Revocation and Notice and Order of License Plate Impoundment. Minn. Stat. § 169A.53, subd. 2 (2017); Minn. Stat. § 169A.60, subd. 10 (2017).