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Charlie Rooney

Charlie Rooney

J.D. from University of St. Thomas, Magna Cum Laude

Former prosecutor for County Attorney’s Office

Clerked for the Chief Judge of Hennepin County

Eric Nelson

Eric Nelson

Attorney of the Year (Minnesota Lawyer 2022)

Named one of the TOP 40 UNDER 40 by the National Trial Lawyers' Association

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 2016, 2017, 2018, and 2019

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Debbie Lang

Debbie Lang

Top 100 National Trial Lawyers by the National Trial Lawyers' Association

Co-Editor of the Minnesota DWI Deskbook

Super Lawyer (2020-present)

Super Lawyer Rising Star (2012, 2014-2017)

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Dave Risk

Dave Risk

Super Lawyer (2014-present)

Super Lawyer Rising Star (2002, 2004, 2006, 2008-2011)

J.D. William Mitchell College of Law magna cum laude graduate

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Christina Zauhar

Christina Zauhar

Up & Coming Attorney (Minnesota Lawyer 2017)

Super Lawyer Rising Star (2017-present)

Member of Minnesota Society for Criminal Justice (2021-present)

Member of Minnesota Women Lawyers (2012-present)

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Marsh Halberg

Marsh Halberg

Top Six Criminal Defense Attorneys (Mpls/St. Paul Magazine)

Attorney of the Year (Minnesota Lawyer 2011 & 2017)

Super Lawyer (1997-Present)

Co-Editor of the Minnesota DWI Deskbook

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Lucas Dawson

Lucas Dawson

Super Lawyer Rising Star (2017-present)

Human Services Background Study Eligibility Task Force - Remedies Subcommittee Chair 2022

Human Services Background Study Eligibility Task Force Member 2021 - 2022

Requested speaker at Minnesota CLEs

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Zach Graham

Zach Graham

J.D. St. Thomas School of Law, cum laude

Licensed in Minnesota and Wisconsin

Achieved successful outcomes for clients in district court and on appeal

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Field Sobriety Testing

HomePractice AreasField Sobriety Testing

Consequences If You Refuse A Blood, Breath or Urine Test

If you are stopped for suspicion of Driving While Impaired in Minnesota (DWI/DUI), the most common test that will be offered to you is a breath test. Current law does not require that an officer secure a warrant when offering a driver a breath test. The United States Supreme Court concluded that the Fourth Amendment allows for warrantless breath tests "incident to an arrest" for drunk driving offenses. The Court concluded that, unlike blood and urine tests, breath testing involves minimal physical intrusion to capture something that is routinely exposed to the public. Moreover, they stated that breath testing in a DWI/DUI case reveals a limited amount of information, and does not enhance any embarrassment beyond what the arrest itself causes. As a result of this ruling, practically speaking, you have no right to refuse a breath test in Minnesota. If you refuse testing following a DWI/DUI arrest, you could face a minimum civil penalty of one year license revocation and a maximum criminal penalty of a $3000.00 fine. Keep in mind these consequences are for a first time Test Refusal Charge. If there are prior alcohol related driving incidents on a person's record, a driver could face additional gross misdemeanor or even felony charges with the potential for prison time and a longer loss of license time.

Blood and urine test requests by an officer following a DWI/DUI arrest are different. If, following a lawful arrest, an officer asks that you submit to a blood or urine test, instead of a breath test, you have more options. You are allowed to refuse initially and you can ask that the officer obtain a warrant prior to you giving a sample of your blood or urine. The United States Supreme Court concluded that it is unconstitutional to criminalize the act of refusing to submit to a warrantless blood search in a DWI/DUI case. Minnesota followed suit shortly thereafter, finding that the same type of test refusal statutes are unconstitutional when law enforcement demand a urine sample. Presently, drivers have a constitutional right to refuse to submit to a urine (or blood) test, and cannot be punished for exercising that right. If a valid warrant is secured and you still intentionally refuse you could face a minimum civil penalty of one year license revocation and a maximum criminal penalty of a $3000.00 fine and one year in jail. Again, these are the potential consequences for a first time Refusal Charge. As stated earlier, if a person has prior alcohol related driving offenses, the potential charges could result in additional gross misdemeanor or felony level offenses and a longer license revocation.

At Halberg Criminal Defense, we provide aggressive criminal defense and a strong legal commitment to clients charged with DWI / DUI/ Drunk Driving in Minneapolis, Saint Paul, the Twin Cities Metropolitan Area and the State of Minnesota. Contact the Halberg Criminal Defense Law Firm today to meet with an attorney for a no-charge, private consultation.

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