Is there a mandatory waiting period before I can use an ignition interlock?

Minnesota lawmakers may soon consider a proposal to get tougher on people who are convicted of drunk driving. According to the Star Tribune, a task force has proposed a number of changes to existing laws. As a DWI attorney St. Paul may know, the task force hopes imposing stricter consequences will encourage more first-time offenders to use ignition interlock devices, which studies say reduce subsequent DUIs. It is important for anyone facing a drunk driving charge to understand the state’s … [Read more...]

Are Warrantless DWI Tests Still Legal in Minnesota after McNeely?–Part I

If you have a criminal DWI case or criminal DWI test refusal case, and/or civil implied consent driver's license revocation cases pending, you may have heard of the recent U.S. Supreme Court decision in McNeely v. Missouri issued 4-17-13. In McNeely the U.S. Supreme Court held that Warrantless DWI Tests are illegal without consent or "exigency circumstances." The U.S. Supreme Court said that Missouri could not take a non-consensual blood test from a driver in a standard DWI case (no accident) … [Read more...]

DWI and Canada, New Rules May Not Help All With DWI Convictions

Previously in this space, we have discussed a number of the direct and indirect consequences of a DWI conviction in Minnesota. State laws generally govern many consequences, including sentencing issues and the impact a DWI arrest can have on a driver's privilege to drive. However, a Minnesota DWI and Canada do Not mix well. One of the harsh consequences of the state DWI and implied consent laws relate to the driver's license revocation, which can occur without a conviction on a DWI charge. In … [Read more...]

Trial court: Necessity defense unavailable in civil license revocation challenge

A Monticello woman recently requested a civil implied consent hearing to challenge her license revocation after being arrested for driving while impaired. The administrative and civil license revocation issues operate separately from the criminal case following a Minnesota DWI arrest. The Monticello woman sought to have her license reinstated, arguing before the court that she was behind the wheel at the time of her DWI arrest to escape domestic violence. The woman says that she had been … [Read more...]

DWI Bail in Minnesota–Part II

Here is part II of our discussion of Minnesota DWI bail in Misdemeanor DWI's, Gross Misdemeanor DWI's and Minnesota Felony DWI's: 3rd Degree DWI: 3rd Degree DWI is a gross misdemeanor. 3rd Degree DWI occurs when one (1) aggravating factor is present.  The maximum amount of bail that may be set for 3rd Degree DWI is $12,000. 3rd Degree DWI can carry a mandatory maximum bail, with mandatory conditions, under certain situations. Mandatory maximum bail for a 3rd degree DWI means that a … [Read more...]

DWI Bail in Minnesota–Part I

Unlike in federal criminal court, in Minnesota state court any person charged with a crime has a right to bail. A person cannot be held without bail on a new criminal charge; holding someone without bail can only occur after an individual is convicted. People who are alleged to have violated their probation can be held without bail, as can people who have (1) pled guilty or been found guilty by a jury and (2) are awaiting sentencing. On DWI charges, bail will typically be set at the person's … [Read more...]

Defenses to DWI Vehicle Forfeitures

Minnesota DWI's have a number of harsh "collateral" consequences, like:loss of driver's license for a year on a first offense, license plates impoundment, and DWI vehicle forfeiture where the police try to keep your vehicle forever to punish you. To challenge these "collateral" consequences of a Minnesota DWI, you must file a Petition in Court within 30 days of being arrested; IF NOT then your car can be forfeited, even if you are found notguilty. DWI Vehicle Forfeiture can happen for a … [Read more...]

Eagan Police accuse Minneapolis man of felony DWI, DAC-IPS charges

Police in Eagan say that an alleged speeding offense turned into an investigation of a Minneapolis man for allegedly driving while impaired around 1:30 a.m. June 25. A police officer claims that the Minneapolis man appeared to be driving over the speed limit in the area of Cedar Avenue and Highway 13. The officer claims to have "paced" the suspect vehicle at 90 mph before conducting a traffic stop, according to a criminal complaint in Dakota County. That alleged speeding violation grew to be … [Read more...]

3 Most Common Minnesota DWI Defenses

If you've been charged with a DWI, you're probably wondering whether any possible DWI defenses exist. After all, the police say you were driving, and they say the results of the test you took measured your AC (alcohol concentration) at .08 or higher. You may think: what possible DWI defenses could I have? Shouldn't I just plead guilty?  No, because you do have defenses. There are a multitude of possible defenses to a DWI, from the unusual and complex to the common and simple. Three of the most … [Read more...]

Rosemount woman arrested on suspicion of medication DWI

Dakota County prosecutors say that a Rosemount woman was arrested at her home for driving while impaired June 21. Authorities say that police confronted the woman as she stood outside her home, holding her three-year-old child. Law enforcement apparently was responding to a report of an alleged erratic driver, who allegedly drove up onto a curb near County Road 42 and Diamond Path. The police officer apparently spoke with the woman while standing outside her home. Law enforcement claims that … [Read more...]

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