The Right to Counsel in DUI Cases
In 1991, the Minnesota Supreme Court held that the Minnesota Constitution afforded all persons a right to counsel before submitting to a chemical test administered by a law enforcement officer under Minnesota’s Implied Consent Law.[1] For drivers arrested on suspicion of driving while impaired, the Implied Consent Law provided law enforcement a powerful tool in coercing drivers to undergo testing: submit to the test or lose your license. The Minnesota Supreme Court thought these circumstances called for at least the advice of counsel. In sum, after a law enforcement officer read the implied consent advisory to a driver, that officer... Read More