In a 4-3 decision, the Minnesota Supreme Court rules that the necessity defense does not apply to implied consent proceedings. The Court noted the “plain language of the statute does not permit a person to raise the affirmative defense of necessity at an implied consent hearing.” This means that if you drive with an alcohol content of .08 or more in an emergency to avoid death or serious injury you are subject to losing your driving privileges under Minnesota’s Implied Consent law.
Read the full opinion here: http://www.mncourts.gov/opinions/sc/current/OPA121341-052114.pdf