A Dakota County Judge Order the reinstatement of Client’s driving privileges after finding that driver’s right to obtain an additional test in a DWI case had been denied.
According to Minnesota Statute 169A.51 CHEMICAL TESTS FOR INTOXICATION, 7(b), "The person tested has the right to have someone of the person's own choosing administer a chemical test or tests in addition to any administered at the direction of a peace officer; provided, that the additional test sample on behalf of the person is obtained at the place where the person is in custody, after the test administered at the direction of a peace officer, and at no expense to the state. The failure or inability to obtain an additional test or tests by a person does not preclude the admission in evidence of the test taken at the direction of a peace officer unless the additional test was prevented or denied by the peace officer."
Brent Schafer successfully argued this case for his client whose drivers license has been reinstated.
