It’s 1:43 am and your phone is ringing. Your stomach drops. This can’t be good news, and it’s not. A loved one is calling from the police department saying they have just been arrested for DWI, and they want to get out ASAP. What can you do?
The 2016 camping/music festival/road tripping season is right around the corner! If you have access to an RV, you may have found yourself wondering, “Can I drink in the passenger area?” If your plans include a cross-country trip, you will have to do your research as “open bottle” laws vary from state to state. However, if your trip includes any time on a public road in Minnesota, the answer is simply “No.”
In the legal world, deadlines are deadlines are deadlines (almost always). This is especially true when it comes to filing an implied consent petition which is usually filed in conjunction with a DUI case and today, the Minnesota Court of Appeals reiterated this message while it applied the 30 day hard-and-fast deadline to unique case:
The United States Supreme Court heard oral arguments today about the constitutionality of criminal DWI test refusal statutes. In Minnesota, when a driver has been arrested on probable cause for driving while impaired, a police officer can require the driver to take a test to determine blood alcohol concentration. The officer tells the driver he or she can consult with an attorney first, but must either consent to the test or be charged with a crime for refusing. If the driver refuses to submit to the test, he or she can be charged with a gross misdemeanor, which carries a maximum criminal penalty of up to 365 days in jail and a $3,000 fine. Currently, in Minnesota, officers are required to obtain warrants before forcing suspected drunk drivers to submit to blood or urine tests under the penalty of law. But officers do not need warrants for breath tests.
The Minnesota Department of Public Safety recently announced that there were over 2,500 drunk driving arrests during this past holiday season. This was an increase from the same period the previous year. As the arrest numbers rose, the Minnesota Court of Appeals has issued opinions recently throwing DWI laws into flux..
The Minnesota Court of Appeals has just held that a criminal charge of refusal to submit to a warrantless search of their blood is unconstitutional! In State v. Trahan, the Minnesota Court of Appeals held that a fundamental right is implicated when a person refuses to give the state their blood, and therefore, at least without a warrant, this charge is...
One’s driver’s license is canceled as inimical to public safety after a third DWI offense within 10 years, a DWI offense within 10 years of special review, or four or more alcohol offenses in a lifetime. So, if this happens, what needs to be done to reinstate driving privileges after being canceled as inimical to public safety? Ignition interlock is required and the following steps must be taken, in accordance with Minnesota Administrative Rule 7503.1725.
A threshold between Misdemeanor and Gross Misdemeanor DWI charges will be lowered in August 2015. The “legal limit” for alcohol in Minnesota is .08. In other words, one way the state can prove a DWI is through a test of a driver’s blood, breath, or urine. If the test shows an alcohol concentration of .08 or more, the driver can...
Nicole Kettwick and Eric Bain presenting a Minnesota CLE webcast on DWI Forfeitures.
A bill is moving its way through the Minnesota Legislature that contains important updates to Minnesota’s DWI laws. Lower aggravating factor threshold. Currently, there are four aggravating factors that enhance the severity of a DWI offense. These include prior DWI convictions or license revocations, having children under the age of 16 in the vehicle, test refusal, or having a blood-alcohol...