Hennepin County, February 2016
Our client was found asleep in a car. After a preliminary breath test resulted revealed an alcohol-concentration of 0.028, the trooper asked our client to take a blood or urine test to see if there were any drugs in his system. Our client declined to submit to this warrantless search, and was charged with test-refusal. In accordance with recent decisions issued by the Minnesota Court of Appeals, the district court dismissed the charge.