MN: Criminalizing a motorist’s refusal to take a blood test under Minnesota’s statute fails strict scrutiny review

Criminalizing a motorist’s refusal to take a blood test under Minnesota’s statute fails strict scrutiny review. “We conclude that criminalizing the refusal to submit to a warrantless blood test ‘relates to the state’s ability to prosecute drunk drivers and keep Minnesota roads safe,’ Bernard, 859 N.W.2d at 774, but it is not precisely tailored to serve that compelling state interest. It therefore fails strict-scrutiny review. [¶] We recognize that the available alternatives may not be as efficient as the current procedure under the test-refusal statute. But these alternatives serve the state’s compelling interest in securing the safety of its roadways without infringing on a driver’s fundamental right to refuse an unreasonable search of his blood. Because the test-refusal statute as applied fails strict scrutiny, Trahan’s right to due process under the Minnesota and United States Constitutions was violated.” State v. Trahan, 2015 Minn. App. LEXIS 78 (Oct. 13, 2015)

Defendant stopped for DUI on federal property did not have a right to be told of the right to refuse a consent. He read the form and signed it. United States v. Contreras, 2015 U.S. Dist. LEXIS 137901 (N.D.Cal. Oct. 8, 2015).*