State v. Rosenbush, A18-0377

Published: Jan. 9, 2019, 4 p.m.

b'On July 23, 2017, a sheriff\\u2019s deputy arrested appellant Jennifer Rosenbush for driving while impaired. Law enforcement obtained a warrant to obtain a blood sample from Rosenbush for chemical testing. The deputy served a copy of the warrant on Rosenbush at the hospital. The deputy told Rosenbush that it was a crime to refuse the test. Rosenbush did not respond. The deputy did not give Rosenbush an opportunity to consult with an attorney or tell her that she had the right to consult with an attorney before her blood was drawn. The deputy directed a nurse to draw a sample of Rosenbush\\u2019s blood. Analysis of the blood sample revealed an alcohol concentration of 0.113.\\n\\nRespondent State of Minnesota charged Rosenbush with several offenses, including two counts of fourth-degree driving while impaired. Rosenbush filed a motion to suppress, arguing, in part, that her blood-test results should be suppressed because her right under the Minnesota Constitution to consult with an attorney before deciding whether to submit to chemical testing had been violated. The district court granted the motion to suppress. The court of appeals reversed the district court\\u2019s order.\\n\\nOn appeal to the supreme court, the issue presented is whether Rosenbush\\u2019s right to counsel under the Minnesota Constitution was violated because the deputy did not give her an opportunity to consult with an attorney before deciding whether to submit to an alcohol concentration test. (Dakota County)'