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Category: DWI

NTSB recommends 0.05 percent for state DWI charges, P. 1

Earlier this month the National Transportation Safety Board made a recommendation that states should lower the legal limit to drive to 0.05 percent blood alcohol concentration. Readers of this blog may understand that Minnesota law currently sets the legal limit at 0.08 percent–that is the point at which the law presumes impairment of any driver, regardless of other factors. Generally, Minnesota’s DWI laws allow authorities to seek DWI charges based upon alleged evidence of impairment without the alcohol test, but many cases involve multiple charges as prosecutors hope to cover their bases.

Hastings mother charged with DWI with kid in car

Alleged aggravating factors associated with a drunk driving arrest can increase the level of charge that authorities may seek under Minnesota law. Generally, people may expect that a prior, or several prior, DWI convictions within the 10-years preceding a new DWI arrest will enhance the new charge to a higher level of offense. But, other aggravating factors may be alleged in enhance a charge–even for a first time offender.

Police get warrant for May 1 DWI blood draw

Authorities in Hennepin County reportedly obtained a warrant to draw blood in an alleged drunk driving investigation on May 1. Authorities claim that a St. Cloud, Minnesota man led an off-duty Plymouth police officer on a chase that began in Maple Grove near Interstate 94 and Weaver Lake Road. Hennepin County deputies and officers from the Rogers Police Department reportedly were also involved.

Warrantless DWI Testing Tossed In Stearns Co. DUI/DWI

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 County DWI Implied Consent hearing challenging a Driver’s License Revocation. Two other Judges recently issues similar rulings in a Washington County DWI and a Sibley County DWI. So, as you can see, judges from all over the state are beginning to wake up and realize that the Constitutional applies to DWI defendants as well as to everyone else. Judges in Minnesota and elsewhere are concluding that warrantless DWI tests are illegal and unconstitutional.

2-week push by Minnesota police officers to ticket drivers

Although many in Minneapolis may not think driving violations are that big of a deal, they can certainly cause drivers considerable trouble. For some of the most serious traffic violations, a driver could lose his or her license, will likely have to pay a fine and may see an enormous increase in insurance prices. There are some traffic violations that also come with criminal charges. Moreover, if police stop a driver for something like speeding and then believe that he or she had been drinking, he or she could find him- or herself in even more trouble.

Warrantless DUI/DWI Tests Tossed in McNeely Opinion by Supreme Court

Today the United States Supreme Court decided the DWI case of McNeely v. Missouri. We have previously blogged on this case several times. In summary, the high Court said that police cannot take a DWI blood sample from a driver without his consent where they also did not have a warrant. This means that Warrantless DWI Tests are unconstitutional, illegal, and should not be allowed. Thus any DUI/DWI test evidence gathered without a warrant should be tossed out by a Judge.

Police arrest man at Eagan fast food joint for felony DWI

Police in Lakeville, Minnesota say that the manager of a Cedar Avenue fast-food restaurant called to report a driver sleeping at the wheel in the restaurant’s drive-thru lane. The man apparently had ordered food and police claim that he took a nap while waiting for his order. Restaurant workers claim that the staff was able to awaken the man and he pulled forward to clear the drive-thru.

Felony test refusal charges filed in Southern Minnesota

A Southern Minnesota man is accused of felony test refusal after being arrested on the property of an Austin, Minnesota business April 10. In addition to the test refusal charge, authorities have brought charges of felony DWI, and two misdemeanor offenses alleging driving after revocation and fleeing an officer on foot.

Southern Minnesota man sentenced for felony DWI on motorized bike

An Austin, Minnesota man was sentenced earlier this month on a felony driving while impaired conviction involving allegations that the man had been driving drunk on a motorized bicycle. Mower County, Minnesota officials claim that the 44-year-old was riding the motorized scooter without any headlights around 2:00 in the morning on July 31. An Austin police officer observed the man run a stop sign and travel on the wrong side of the road before the cop pulled him over, according to the criminal complaint.

Blaine Police: Road rage incident leads to felony DWI charges

Authorities filed felony drunk driving charges against a Jordan, Minnesota man Monday in Anoka County, Minnesota. Police in Blaine claim that a driver called 911 to report that another driver was tailgating and trying to pass on the right. The caller claims that he pulled over and the second driver followed suit-and threatened the man who had pulled over. Police claim that the caller said that the tailgating driver smelled of alcohol.

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