Birchfield v. North Dakota
For years, lawyers in Minnesota have argued about the validity of the Minnesota Implied Consent Law and the corresponding criminalization of refusal to take a blood, breath, or urine test. In Minnesota, as in many other states, in order to enforce laws against drunk driving, statute establishes that by applying for a driver’s license, you have impliedly consented to a test if there is probable cause to believe that you have been drinking prior to operating the vehicle.[1] If you are asked to take a test and you refuse to comply, the refusal results in a more...
