Appeals Court Upholds Law in Breath Test Refusal Case
MINNEAPOLIS (AP) - The Minnesota Court of Appeals has upheld a law that makes it a crime for someone to refuse a breath test when arrested for drunken driving.
Monday's ruling comes in the case of David Bennett, who was arrested after a 2013 crash and refused a breath test at the Ramsey County jail. He was convicted of test refusal, but a drunken driving charge was dismissed.
Bennett's attorneys argued his test refusal charge should've been dismissed because the statute requires a person to submit to unconstitutional searches.
The appeals court found a warrantless breath test would've been a valid search connected to a lawful arrest.
Chief Judge Edward Cleary issued a concurring opinion agreeing with this outcome, but signaling the law may be problematic relating to blood or urine tests.