U.S. Supreme Court to rule on MN law criminalizing refusal of BAC tests without warrant

The United States Supreme Court decided it will rule on the constitutionality of a Minnesota law that makes it a crime to refuse a warrantless breath or blood test for blood alcohol content.

The Minnesota Supreme Court previously ruled the law was constitutional, however, the state Court of Appeals ruled in October that it is unconstitutional to criminalize a driver’s refusal to take a blood test without a warrant.

The U.S. Supreme Court will decide whether police can administer a blood or breath test to a suspected drunk driver without a search warrant, as well as whether states can charge an individual for a crime for refusing to take a breath or blood test.

Minnesota is one of 13 states that make it a crime to refuse a warrantless test for BAC.

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