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Max Keller of Keller Criminal Defense Attorneys recently won the first known victory on the McNeely warrantless DWI testing issue in an Order from Judge Grunke in a Stearns Co. Implied Consent hearing challenging a Driver’s License Revocation. Two other Judges recently issues similar rulings in Washington County and Sibley County.
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) without either a warrant OR a showing of special circumstances like an emergency stemming from injured persons in a car accident (i.e. “exigent circumstances”).
Many people may believe that a person is charged immediately after a drunk driving investigation in Minnesota. That is true some of the time, however, many factors may arise that delay the charges. A felony DWI, an investigation into a criminal vehicular operation offense, and other DWI investigations can take days, weeks, or more as prosecutors pore over the evidence in deciding what charges to bring. DWI investigations involving toxicology testing of blood or urine samples can create significant delays in charging.
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.
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.
Failure to yield allegations have led to an Inver Grove Heights man being charges with driving while impaired. Officials say that a truck driver failed to yield for an airplane that was backing away from Terminal 2 at the Minneapolis St. Paul International Airport. The man accused of DWI was reportedly driving a service truck at the airport Thursday night.
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.
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.
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