April 10, 2024, Minnesota Supreme Court Caselaw Update

Last week, on April 10, 2024, the Minnesota Supreme Court released one precedential opinion related to a DWI test refusal conviction in Nash v. Comm’r of Pub. Safety, 2024 WL 154660 (Minn. Apr. 10, 2024).

The test refusal statute, Minnesota Statutes section 171.177, subdivision 1, states:

“At the time a blood or urine test is directed pursuant to a search warrant under sections 626.04 to 626.18, the person must be informed that refusal to submit to a blood or urine test is a crime.”

The question before the supreme court was whether law enforcement telling a person that “refusal to take a test is a crime” is a sufficient advisory.

The court concluded that it was a sufficient advisory and that, while reading the advisory verbatim is best practice, the legislature’s intent was for law enforcement to inform the person “generally that test refusal is a crime without requiring the officer to get into the procedural details.”

 OPA221238-041024 (mncourts.gov)

Test refusal/license revocation/ Minnesota Statutes section 171/177, subd. 1.