MN: Charging driver with the crime of refusal violates 4A and due process

Charging a driver with violating Minnesota’s refusal statute for refusing to submit to a urine test implicates a fundamental right because a warrantless search of the driver’s urine would not have been constitutional under an exception to the warrant requirement. Moreover, when applied to the refusal of a warrantless urine test, the statute violates a driver’s right to substantive due process under the United States and Minnesota Constitutions because it is not narrowly tailored to serve a compelling government interest. State v. Thompson, 2015 Minn. App. LEXIS 96 (Dec. 28, 2015).