Another Missouri v. McNeely victory for Mr. Peterson!

On July 3, 2013 in Dakota County, Minnesota, Mr. Peterson successfully argued that his client’s driver’s license revocation should be rescinded as his breath was tested for alcohol without a search warrant in violation of Missouri v. McNeely.  Missouri v. McNeely is a new case handed down from the Supreme Court of the United States.  It represents a sea-change in the area of DWI investigation for police officers.  Whereas police felt prior to the case that they were able to invade a suspect’s personal liberties and test their breath, blood, or urine for alcohol at will, the Supreme Court has told them that they need to obtain a warrant before doing so.

In Minnesota, prosecutors and the Attorney General have been arguing that this case is not applicable because Minnesota has a so-called Implied Consent law.  According to this law, all drivers on Minnesota roads consent to invasive testing of their bodies for alcohol simply by driving on the road.  Therefore they claim that no warrant is required because any invasion of a driver’s body by the police is concentual.

Mr. Peterson is on the forfront of this issue, and is one of the first attorneys in Minnesota to convince a judge that the Implied Consent law is unconstitutional.  Mr. Peterson argued that since the police did not obtain a warrant prior to testing his client’s breath for alcohol, that they violated his client’s fourth amendment right to be free from illegal searches and seizures.  The judge agreed, and gave his client his driver’s license immediately (which had been revoked because his client tested over the legal limit).

A full text of the court’s order can be found here:

McNeely Order

If you have been charged with DWI, you don’t want to hire just any attorney.  You need an attorney that is on the cutting edge of the law.  Mr. Peterson has the experience and knowledge to make the arguments that will be successful in your case.

Have additional questions? We offer free consultations to all potential clients. Call (612)269-1902, email at or complete our free case evaluation form.