§ 481.10

Minnesota Statutes

Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (18)

Minnesota Supreme Court

Commissioner of Public Safety v. Campbell · 1992 1 citation

+ 1 more citation in this opinion.

Friedman v. Commissioner of Public Safety · 1991 10 citations

+ 10 more citations in this opinion.

Nyflot v. Commissioner of Public Safety · 1985 10 citations

+ 10 more citations in this opinion.

State v. Gross · 1983 1 citation

1(a). The first issue is whether the evidence of the test result should be suppressed because the police failed to give defendant a Miranda warning before they advised him of the provisions of the implied consent law and administered the breath test. In Prideaux v. State, 310 Minn. 405, 247 N.W.2d 385 (1976), we interpreted Minn. Stat. § 481.10 (1982) as giving a person a limited right to consult with counsel before deciding whether to submit to blood alcohol testing under the implied consent law. Minn. Stat. § 169.123, subd. 2(b)(3) (1982), provides that police must advise a person of this right as part of the standard implied consent advisory. However, we have never held that police must give a Miranda warning to a person before they give an implied consent advisory. Indeed, our decision in State v. Beckey, 291 Minn. 483, 192 N.W.2d 441 (1971), counsels against this. In any event, the issue is now settled because in South Dakota v. Neville, - U.S. -, 103 S.Ct. 916, 923 n. 15, 74 L.Ed.2d 748 (1983), 1 the United States Supreme Court stated: