Supreme Court of Minnesota

Brian Matthew Nash v. Commissioner of Public Safety

April 10, 2024

Summary

The court held that an officer complies with the search-warrant chemical-test advisory by informing a driver that refusal to take a test is a crime. The statute does not require the officer to explain that criminal liability arises only after refusal of both a blood and a urine test, because the statute gives the officer initial authority to select the test and requires an alternative only if the driver objects. The court reversed the court of appeals and remanded for consideration of Nash's remaining arguments.