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In Minnesota DWI case, lawyer is not a right if police have warrant

The Minnesota Supreme Court has ruled that a suspected impaired driver does not have a limited right to an attorney before submitting to a blood test if police have a search warrant.

Posted: Jul 10, 2019 12:23 PM

MINNEAPOLIS (AP) — The Minnesota Supreme Court has ruled that a suspected impaired driver does not have a limited right to an attorney before submitting to a blood test if police have a search warrant.

Wednesday's decision comes in the case of a woman arrested on suspicion of drunken driving in 2017 in Dakota County. A deputy got a warrant for a blood sample, but she tried to get those results tossed from the case because she wasn't given the chance to talk with a lawyer.

Prior case law found that a driver has a limited right to consult with an attorney before submitting to a blood test, but the Supreme Court says this case is different because police had a warrant, and a warrant protects rights of the accused.

Three justices disagreed with the majority.

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