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The Ignition Interlock Device is an in-car Breathalyzer that, when used correctly, prevents drunk drivers from driving. The Ignition Interlock system is a device installed near the steering wheel that is about the size of a hand-held calculator and includes a blowing tube. The driver must blow into the tube before starting the vehicle and if the alcohol concentration level after the driver blows into the tube is above a certain limit, the device will prevent the vehicle from starting. The device is installed near the steering wheel and connected to the engine.
One of the most frequently asked questions by clients who have been charged with a DWI offense is: Can I still drive if I have am convicted of a DWI?
Because most DWI offenses carry some loss of driving privileges, it is important that you take the charges seriously. First and second offenses typically result in a temporary loss of driving privileges, but a third offense can result in a license cancellation. If you are a repeat or felony DUI offender, it could also face vehicle forfeiture.
In Minnesota, there are two types of pre-trial asset restraints and these include civil asset forfeiture and criminal asset forfeiture. Civil asset forfeiture occurs when the government takes assets from the owner after providing some sort of notice about the impending action. In these cases, no conviction or criminal charge is necessary. In criminal asset cases, the government can seize property from a person before a trial if the owner has committed a crime.
In the recent case, Missouri v. McNeely, the U.S. Supreme Court ruled that police officers must obtain a warrant before subjecting a suspected drunk driver to a blood test. Justice Clarence Thomas was the only justice to oppose the decision, making the final vote eight to one.
Entrapment refers to any situation where a person is induced or persuaded to commit a criminal offense by a police officer so that they can obtain evidence to prosecute that person. However, it is important to understand that entrapment does not refer to situations where the person was already pre-disposed to commit a crime and the law enforcement official was merely present to witness the action.
Prison overcrowding is a vast issue in Minnesota. With many policymakers insistent on the need for stricter sentencing and no tolerance for multiple-offense inmates, state prisons are bursting at the seams. Instead of reducing or eliminating prison terms for many non-violent inmates, especially those incarcerated for fraud and other white collar crimes, prisons are slowly releasing inmates in early release programs.
When law enforcement officers stop drivers for suspicion of operating a vehicle while intoxicated, they routinely administer field sobriety and breathalyzer tests to determine the extent of the drivers’ inebriation. The same often occurs when officers perform routine traffic stops and believe they have reason to suspect that drivers are under the influence of alcohol.
Although the consensus was far from unanimous, the Supreme Court ruled recently that law enforcement officials can take DNA swabs from those who are taken into custody for a serious criminal offense, regardless of whether or not they have been convicted. An article that was published in USA Today sheds light on the issue and the opinions of some of the Supreme Court members who voted.
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