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Court: DWI suspects don't always have right to attorney before blood test

Wednesday's decision comes in the case of a woman arrested on suspicion of drunken driving in 2017 in Dakota County.

ST PAUL, Minn. — The Minnesota Supreme Court has ruled that a suspected impaired driver does not have a limited right to an attorney before submitting to a blood test if police have a search warrant.

Wednesday's decision comes in the case of a woman arrested on suspicion of drunken driving in 2017 in Dakota County. A deputy got a warrant for a blood sample, but she tried to get those results tossed from the case because she wasn't given the chance to talk with a lawyer.   

Prior case law found that a driver has a limited right to consult with an attorney before submitting to a blood test, but the Supreme Court says this case is different because police had a warrant, and a warrant protects rights of the accused.  

Three justices disagreed with the majority.

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