| Under Virginia's implied consent law, you are | | | | those samples was illegal because the officials did |
| required to undergo a chemical test after being | | | | not obtain a warrant to do so. A district court |
| arrested for a Virginia DUI. A refusal of this | | | | ruled against Harrison, so he appealed the case to |
| request results in an automatic suspension of your | | | | Minnesota appellate court. |
| driver's license for up to 1 year. But isn't this | | | | The Ruling |
| provision a violation of your constitutional rights? | | | | On May 4, 2010, the appeals court ruled that the |
| A similar issue was discussed in an appellate court | | | | act of testing a blood sample which was obtained |
| decision in the state of Minnesota. In Harrison v. | | | | lawfully under the state's implied consent law did |
| Commissioner of Public Safety, the plaintiff argued | | | | not constitute a search and therefore did not |
| that his Fourth Amendment rights protecting him | | | | affect Harrison's constitutional rights. |
| from illegal search and seizure were violated. | | | | The court made the distinction between the |
| The Facts of the Case | | | | acquisition of the blood sample and the |
| In 2009, Jesse Wayne Harrison was arrested on | | | | subsequent testing process, noting that Harrison |
| two occasions for driving while intoxicated in | | | | had no legitimate expectation of privacy regarding |
| Minnesota. In both instances, Harrison was asked | | | | the actual blood alcohol content in his blood |
| to submit to chemical testing under Minnesota's | | | | sample. |
| implied consent law. He gave his consent both | | | | Hiring a Virginia DUI Defense Lawyer |
| times. | | | | In the face of this tremendously stacked deck, |
| Subsequent testing of both blood samples found | | | | you get to pick one person to be on your side - |
| that Harrison was indeed legally drunk. As a result, | | | | your lawyer. This decision of who will be your |
| the state's commissioner for public safety | | | | lawyer will be one of the most important |
| revoked Harrison's driver's license. | | | | decisions you make in your life. We relish and |
| Harrison argued that even though he obeyed the | | | | thrive in the role of "going to battle" for the legal |
| implied consent law and gave a blood sample to | | | | underdog. |
| law enforcement officials, the actual testing of | | | | |