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STATE v. TRAHAN

No. A13-0931.

886 N.W.2d 216 (2016)

STATE of Minnesota, Appellant, v. Todd Eugene TRAHAN, Respondent.

Supreme Court of Minnesota.

October 12, 2016.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, MN; and John J. Choi , Ramsey County Attorney, Thomas R. Ragatz , Assistant County Attorney, Saint Paul, MN, for appellant.

Cathryn Middlebrook , Chief Appellate Public Defender, Saint Paul, MN, for respondent.

Daniel L. Gerdts , Minneapolis, MN, for amici curiae Minnesota Association of Criminal Defense Lawyers and Minnesota Society for Criminal Justice.

William A. Lemons , Minnesota County Attorneys Association, Saint Paul, MN, for amici curiae Minnesota County Attorneys Association and League of Minnesota Cities.

Bell Island , Island & Ruff, Attorneys at Law, PC, LLO, Gering, NE; and Barry S. Edwards , Barry S. Edwards Law Office, LLC, Minneapolis, MN, for amicus curiae National College of DUI Defense, Inc.

OPINION

The question we are asked to decide in this case is whether Minnesota's test refusal statute, Minn.Stat. § 169A.20, subd. 2 (2014), is constitutional as applied to respondent Todd Eugene Trahan. After Trahan was arrested on suspicion of driving while impaired, he refused to submit to a warrantless blood...

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