Last week, we received three orders suppressing the breath test results in three of our client’s DWI cases. These suppression orders are a growing trend in Minnesota, as more and more judges are being asked to determine whether or not Minnesota drivers are actually “freely and voluntarily” consenting to DWI testing . . . or if they are being coerced.
When a judge suppresses DWI test results, due to a violation of an individual’s constitutional rights, the evidence cannot be presented to a jury or cannot be used to support a revocation of that person’s driver’s license. Often (but not always) the entire DWI case hinges on the test results, and suppression of those results will result in winning the case.
