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Minnesota police test for DWI while a person’s unconscious

On Behalf of | Jul 15, 2023 | Criminal defense |

Any number of issues might cause a Minnesota police officer to suspect a person of driving under the influence of drugs or alcohol. An officer must establish probable cause to make an arrest. However, if a car accident has occurred and a driver is unconscious or a driver has simply fainted without there having been a collision, a police officer may order a chemical blood test on the unconscious person. 

Under normal circumstances, a person may refuse to take a chemical blood test. Because of implied consent laws, this would activate an automatic driver’s license suspension. However, an unconscious person is incapable of refusing, which is why police may order blood drawn by someone who is allowed to perform the procedure, such as an EMT, physician, phlebotomist, registered nurse or other certified individual.  

A chemical blood test can be ordered following a Breathalzyer 

In some cases, police might order a blood test even after a chemical Breathalyzer test has already been administered. The same goes for a urine test. If a person believes that testing procedures were not in compliance with regulations, such as a Breathalyzer device not being properly calibrated, the results can be challenged if DWI charges are filed.  

Facing DWI charges in Minnesota is a stressful experience that can have far-reaching implications. These charges often spark family problems, and a person’s job might be at risk, especially if the accused operates a commercial vehicle. Building a strong defense from the start is one of the keys to a successful outcome.