MN Implied Consent, prescription drugs

Minnesota case law summary by Attorney Richard Clem: Implied consent, prescription drugs.

Robert Edward Dornbusch v. Commissioner of Public Safety. MN Implied Consent, prescription drugs

Robert Edward Dornbusch's driver's license was revoked after a sample of his blood tested positive for amphetamine. He contested the revocation on the grounds that the positive test resulted from his lawful use of a prescription drug. The district court held that this defense did not apply, and he appealed to the Minnesota Court of Appeals.

The appeals court affirmed. It noted that this would have been a defense to a criminal charge under Minn. Stat. 169A.46. However, under the revocation proceedings under Minn. Stat. 169A.52, the court agreed that this defense was unavailable. Therefore, it affirmed the district court.

No. A14-1236 (Minn. Ct. App. Mar. 2, 2015).

Please see the original opinion for the court's exact language.


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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