Bernard v. State of Minnesota, killing the DWI mill and restoring basic rights


We recently discussed a victory some weeks ago in which a person was able to avoid Minnesota DWI charges by following Alex DeMarco’s instructions to the letter at the police station.  The basic key:  Never submit, never refuse, ask for a warrant, every time.  That approach is based on recent rulings in Minnesota DWI law throwing out convictions for defendants whose fourth amendment rights were violated.  Had it been any other case, murder, burglary, drugs…the law would be clear.  It’s really simple.  Warrantless searches are unreasonable.  Only very precise exceptions can justify a search without a warrant, exceptions which are basically not even remotely applicable in a DWI case, despite decades of presumption to the contrary.  Today the very heart of DWI law in Minnesota, the criminal charge of DWI test refusal, THE ONLY mechanism by which test are obtained in Minnesota, was heard before the Supreme Court of the United States.  We wanted to update you so you can read the entire Transcript from Bernard‘s oral argument.    If you or anyone you know is facing a DWI, whether it’s in Faribault, or St. Paul, or Woodbury, or Minneapolis, All of Dakota County including Lakeville, Burnsville, Hastings, Apple Valley, or anywhere in Minnesota, contact us today to set up a free consultation.