Minnesota DUI/DWI Cases - October 2017

October 10, 2017

DataMaster Testing

Affirming defendant’s conviction of DWI-alcohol concentration, the Court finds that the District Court is permitted to take judicial notice of the fact that the Commissioner of Public Safety has approved the DataMaster breath testing instrument for use by law enforcement. State v. Norgaard

Urine Testing – Consent

The defendant was asked if he would take a urine test without the officer reading any implied consent advisory or giving the defendant the right to speak with an attorney. The defendant stated yes. The court reverses a District Court order that had suppressed the test results. The Court finds that there is no right to counsel where the defendant did not face an immediate license revocation based upon the test results. State v. Hunn

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