Protection of home defends Hennepin County man from DWI charge

During the month of December, the holidays are upon us. It is not uncommon for there to be holiday parties with holiday drinks. Along with the holiday festivities, however, comes an increased presence of law enforcement on Minnesota streets. It is important to never forget that a person has invaluable rights to protect himself from the personal and professional damage of a drunk driving charge.

A man who is well-known as a result of serving his community in Rogers, MN is an example of someone whose professional reputation could have been significantly affected by a reckless DWI conviction. He was arrested by Hennepin County police last December but recently got some good news regarding his case.

According to a local news report, the Rogers fire official was followed home by a woman last winter. The woman reportedly believed that the suspect was driving drunk, though any evidence she had to go on was merely what she saw. Nevertheless, she called police to report to the suspect’s home out of suspicion that he was driving while drunk.

By the time police had arrived to the DWI suspect’s house, he wasn’t in his car anymore. He wasn’t driving. He was inside the privacy of his own home. Law enforcement went to the door and reportedly got a child in the house to let them in to investigate. The police did not have a warrant or the DWI suspect’s permission to enter the house.

As with a standard drunk driving investigation, the police in this case subjected the suspect to sobriety tests. The difference in this Minnesota case, however, is that the investigation took place in the man’s home – a point that proved effective in defending the respected Rogers official from the possible criminal charge.

Last Tuesday, a Hennepin County judge reportedly ruled that any evidence that officials collected from the defendant after they entered his home invalid. Minnesota courts protect a person’s home vigilantly, as they should, and the judge, therefore, found that the police didn’t have authority to go inside the suspect’s home.

They had no warrant; they weren’t in pursuit of him before they arrived to the home. There were no exigent, dangerous circumstances that needed emergency attention inside the home. In this case, Minnesota law defended not only a person’s privacy in their home, but it defended a man and his family from the effects of a possible DWI conviction.

Source

Kstp.com: “DWI Charge Against Rogers Fire Official Dismissed” Gail Brown, 26 Jul. 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.