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Minnesota Supreme Court shifts burden on DWI breath tests

The Minnesota Supreme Court on Thursday overturned lower court rulings in a drunken-driving license revocation case and said the state, not drivers, must now prove that roadside breath-test results are reliable before they can be used against a motorist.[1]

In a decision involving driver Derek Alexander Knapp, the justices threw out earlier decisions by a district court and the Court of Appeals, which had placed the burden on Knapp to show his breath sample might have been contaminated during the mandatory 15-minute observation period before the test.[1] The court sent the case back to the district court to decide whether Knapp's breath-test result can be admitted under the new standard, while cautioning that an imperfect observation period does not automatically make a test invalid.[1]

Knapp's case centers on what police are required to do in the 15 minutes before a breath test, a safeguard meant to ensure a driver does not burp, vomit, put anything in their mouth, or otherwise introduce alcohol that could skew the reading.[1] Body-camera video shows the deputy was in the same room with Knapp before the test, but was focused on paperwork rather than continuous, eyes-on observation, which Knapp argued failed to meet state testing standards.[1]

Lower courts had previously relied on guidance that put the onus on drivers to raise specific evidence that their sample was contaminated or the test protocol was broken before a judge would question the result.[1] The Supreme Court rejected that framework, saying that because breath-test results can be central to revoking a person's license or supporting criminal DWI charges, it is the state's responsibility to show the test was administered in a way that produces trustworthy results.[1]

The ruling is expected to ripple through Minnesota's DWI system, affecting both civil license-revocation hearings like Knapp's and criminal prosecutions that rely heavily on breath-test numbers.[1] Defense attorneys are likely to press harder on whether officers truly complied with the 15-minute observation rule and other procedural safeguards, while prosecutors and police agencies may respond by tightening documentation and training around how roadside and stationhouse breath tests are conducted.

  1. FOX 9
Legal Public Safety
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📌 Key Facts

  • Minnesota Supreme Court vacated the Court of Appeals and district court rulings in the civil driver’s license revocation case of Derek Alexander Knapp.
  • The Court rejected prior guidelines that put the burden on drivers to prove their breath samples were contaminated, holding instead that the state must prove the sample’s reliability.
  • The case turns on a required 15‑minute observation period before administering a breath test; body‑cam shows the deputy in the room but focused on paperwork rather than continuous monitoring.
  • Justices remanded Knapp’s case to district court to decide breath‑test admissibility under the new, state‑burden standard and noted that an imperfect observation period does not automatically invalidate a test.

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November 12, 2026