Minnesota High Court: Samples In DWI Tests Not Coerced
ST. PAUL (AP) — The Minnesota Supreme Court has rejected a man’s claim that he was coerced into providing blood and urine samples used in his three DWI convictions.
The court ruled Wednesday in the case of Wesley Brooks of Prior Lake.
The court rejected Brooks’ argument that he had no choice but to provide the samples, since refusing to do so is a crime in Minnesota.
Chief Justice Lorie Gildea wrote that a driver’s decision to take a test is not coerced “simply because Minnesota has attached the penalty of making it a crime to refuse the test.”
Under Minnesota’s implied consent law, drivers are considered to have consented to sobriety testing.
Brooks’ attorney says he may petition the U.S. Supreme Court to hear the case.