The U.S. Supreme Court is currently hearing a case that could have an immense impact on Minneapolis, Minnesota drivers. Under current law, it is against the law for Minnesota drivers to refuse a breath test if they are suspected of driving under the influence. Yet, many drivers believe that the law is unconstitutional. According to the Star Tribune, lawyers fighting the law claim that current mandatory breath test laws are in violation of the Fourth Amendment which protects individuals from unlawful searches without a warrant.
Yet, many highway safety advocacy groups support mandatory testing laws, claiming that they keep roads safe from potentially deadly drivers and give police more power in getting dangerous drivers off the road. According to the Minneapolis Office of Traffic Safety, approximately 25% of traffic fatalities in the state involved the use of alcohol. While victims and families have the right to work with a personal injury lawyer to seek recoveries for their injuries, pain and suffering, and other losses, the best way to keep drivers safe is to keep drunk drivers off the road in the first place.
Critics of the mandatory breath test law claim that the law doesn’t keep roads safer, but instead makes it easier for the state to get convictions. If drivers in Minnesota refuse to submit to a breath test, they are subject to immediate charges and loss of their license. Refusal to take a test can also impact the outcome of a personal injury case as judges and juries may be more likely to see a driver who refuses to submit to a test as suspect. Minnesota is one of 13 states that has an implied consent law on the books. Under Minnesota law, drivers who refuse to submit to testing face felony charges.
According to Constitution Daily, implied consent laws were implemented because many drivers refused to submit to chemical or breath tests when officers had probable cause for an arrest. Refusal made it difficult for officers to get a conviction for DUI on account of lack of evidence. Victims of drunk drivers were also put in a vulnerable position with regards to proving that the at-fault driver for the accident was intoxicated. In order to sue for personal injury, victims need to show that the other driver was responsible for the accident.
When drivers are stopped with probable cause for drinking and driving, should they be allowed to refuse to submit to a breath test? The Supreme Court will have to decide. Many hope that the court will offer clearer guidelines about when, and if, such mandatory testing can be allowed.
Many victims of drunk drivers, including MADD, support the current laws as they stand. Too many drivers are hurt or killed in Minneapolis, Minnesota each year because a driver choose to get behind the wheel while drunk. If you or a loved one has been affected by a drunk driver, you may be entitled to receive compensation for your pain and suffering, lost wages, and medical expenses. The Law Office of Martin T. Montilino is an auto accident lawyer serving the people of Minneapolis.