State of Minnesota v. John Allen Koppi

Summary

The court held that the jury instruction defining probable cause for a chemical-test-refusal offense materially misstated the law by using a subjective standard, omitting the totality-of-the-circumstances inquiry, and requiring a belief that impairment was more likely than not. Because the evidence of probable cause was conflicting, the error was not harmless beyond a reasonable doubt, requiring reversal and a new trial. The court also held that Koppi waived his separate challenge to the determination that he had a reasonable opportunity to consult an attorney. Justice Dietzen, joined by Chief Justice Gildea, dissented and would have found the instructional error harmless and affirmed the conviction.