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State of Minnesota v. Pauline Christin Jensen. MN Implied consent
Pauline Christin Jensen was arrested after she drove into and injured a child in Pipeston County, Minnesota. She left the scene, but she was found in a bar with bloodshot and watery eyes, smelled of alcohol, with unstable balance. She failed a field sobriety test and a preliminary breath test. The deputy obtained a search warrant to draw blood. She was taken to a hospital where a blood test was taken.
In addition to the criminal charges, her driver's license was revoked under Minn. Stat. 171.177. She sought judicial review on the grounds that the officer had not complied with the provision of the statute that "the person must be informed that refusal to submit to a blood or urine test is a crime."
The district court upheld the revocation, and she appealed to the Minnesota Court of Appeals, which reversed.
The state argued that the failure to warn was irrelevant, because the test would take place one way or another. But the court pointed out that the driver could still be charged with refusal, even though the test was done pursuant to a warrant.
The court did note that the state has other procedures available to revoke the license, in connection with the criminal case.
No. A19-0243 (Minn. Ct. App. Sept. 3, 2019).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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