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U.S. Supreme Court Hears Arguments On Drivers' Rights In DWI Arrest

MINNEAPOLIS (WCCO) -- Minnesota attorneys made arguments before the U.S. Supreme Court in Washington D.C. on Wednesday in a case that could affect DWI cases in Minnesota and around the country.

At issue is Minnesota's law that makes it a crime to refuse a breath test if you are pulled over for DWI.

The Minnesota case at issue involves William Bernard, of South St. Paul, who in 2012 was charged in Dakota County for refusing to take a breath test.

The case is unusual.

First off, he was not in a car but on a boat ramp -- with car keys in his hand -- when he refused the sobriety test.

Bernard has consistently denied he was getting ready to drive.

His breath test refusal resulted in a four-year court battle that reached the U.S. Supreme Court on Wednesday morning.

"Mr. Bernard was charged with refusing to take the test when asked. Our argument is that he has a Fourth Amendment right where the government needs a warrant," said U.S. Supreme Court Attorney Steven Grimshaw.

But Kathryn Keena, of the Dakota County Attorney's Office, argued that requiring warrants in DWI cases would burden law enforcement.

"If a search warrant is required in every case," she said, "you are going to take more police officers off the street."

Minnesota is one of 13 states that makes refusing a breath test a crime. In 2014, there were more than 25,000 DWI arrests in Minnesota, and an estimated one in seven Minnesotans has a DWI.

Constitutional law professor David Schultz says many legal scholars believe aspects of Minnesota's law could be thrown out.

"Here the issue is: When police stop you and say that you have to consent to a breathalyzer...is that a voluntary consent under the Fourth Amendment or is it basically forcing you to give away your Fourth Amendment rights?" Schultz said.

The U.S. Supreme Court currently has just eight members because of the passing of Justice Antonin Scalia in February.

If there is a tie vote that means the Minnesota Supreme Court decision in this case would stand. The Minnesota court ruled in favor of law enforcement, saying you do not need a search warrant for a breathalyzer test.

The U.S. Supreme Court will announce decisions in June.

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