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STATE v. BERNARD

No. A13-1245.

859 N.W.2d 762 (2015)

STATE of Minnesota, Respondent, v. William Robert BERNARD, Jr., Appellant.

Supreme Court of Minnesota.

Rehearing Denied March 16, 2015.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, MN; and James C. Backstrom , Dakota County Attorney, Tori K. Stewart , Assistant County Attorney, Hastings, MN, for respondent.

Jeffrey S. Sheridan , Strandemo, Sheridan & Dulas, P.A., Eagan, MN; and Steven T. Grimshaw , Minneapolis, MN, for appellant.

Charles A. Ramsay , Daniel J. Koewler , Ramsay Law Firm, P.L.L.C., Roseville, MN, for amicus curiae Minnesota Society for Criminal Justice.

Teresa J. Nelson , American Civil Liberties Union of Minnesota, Saint Paul, MN; and Howard Bass , Bass Law Firm, PLLC, Burnsville, MN; and Nicole Moen , Fredrikson & Byron, P.A., Minneapolis, MN, for amicus curiae American Civil Liberties Union of Minnesota.

William A. Lemons , Minnesota County Attorneys Association, Saint Paul, MN, for amicus curiae Minnesota County of Attorneys Association.

OPINION

Minnesota law makes it a crime for a driver to refuse a request to take a chemical test to detect the presence of alcohol if certain conditions are met, including that the driver has been validly arrested for driving while impaired. Minn.Stat. § 169A.20, subd. 2 (2014). The question presented in this...

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