Minnesota Judges Continue to Find DWI Test Refusal Law Unconstitutional

We’ve been fighting against Minnesota’s DWI test refusal law for over five years. Today, we were provided with an order that demonstrates that this fight is still raging across Minnesota Courts, and that judges are continuing to rule in favor of the defense.

To the best of our knowledge, this is the first judicial order to come down after theState v. Brooks decision that finds that the crime of test refusal is unconstitutional.

You can read the order here, by clicking this link. The judge in this case not only does an excellent job of boiling the ruling down to one carefully crafted paragraph, but then goes on to expand on that one simple paragraph with several pages of detailed analysis.

The only ABA board certified DWI Legal Specialist in Minnesota.

Need Help With a DWI?

You may also like…

Minnesota’s 2026 DWI All-Stars: Quantity Over Quality?

Minnesota’s 2026 DWI All-Stars: Quantity Over Quality?

Last month, the Minnesota Department of Public Safety announced its 2026 DWI Enforcement All-Stars. Fifty-seven officers made the list. Together, they made 4,415 DWI arrests in 2025, accounting for 16.5 percent of all DWI arrests statewide. The State also named Bill Lemons of the Minnesota County Attorneys Association its DWI Prosecutor Enforcement All-Star.