If your criminal defense attorney is able to suppress the use of the blood, breath or urine test results in your Minnesota DWI case, you will have found the key to winning your case. The use of a chemical test result by the prosecution is critical to a successful DWI prosecution.
How does an experienced DWI attorney suppress the chemical test result? The defense lawyer will file a motion with the court requesting that the chemical test result not be allowed to be used against you at trial on the grounds that the test result was obtained in violation of the Fourth Amendment. What does the suppression of the chemical test for intoxication mean for your case? If the judge grants the motion to suppress the evidence, the prosecution will lose the use of powerful scientific evidence to prove your intoxication at trial. The only evidence left over will be your driving conduct, field sobriety test result, if any, and statements you may have made about alcohol or drug use. You now have plea bargaining strength and a chance for an acquittal at trial.
How were my Fourth Amendment rights violated by the police? There are only two ways the police can obtain a warrantless search for blood alcohol concentration or the presence of a controlled substance in your body. The first is by obtaining your consent to conduct a warrantless search. The second is by proving emergency conditions existed at the time of arrest which would justify the police in not first obtaining a search warrant from a judge. If the police did not obtain your consent to search and there was no emergency circumstance, police must first obtain a search warrant. If they failed to do so, your Fourth Amendment rights were violated.
If you, or someone you know, has been charged with a Minnesota DWI, call Minneapolis DWI defense attorney Robert J. Shane for the Best Defense at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com/criminal-offenses/drunk-driving.html