May: 03, 2013

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.

Apr: 29, 2013

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.

Apr: 29, 2013

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.

Apr: 29, 2013

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.

Apr: 29, 2013

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.

Apr: 29, 2013

Court: search warrants generally required for DWI blood draws; Warrantless DWI Tests Outlawed

The United States Supreme Court ruled Wednesday that the natural dissipation of alcohol in the human bloodstream is not a sufficient justification by itself to avoid the warrant requirement to conduct a blood draw in a routine drunk driving investigation. The long awaited McNeely decision (we previously previewed the McNeely case and its potential impact on Minnesota DWI cases last month) says that circumstances may arise in individual cases that make obtaining a warrant impractical, but the natural dissipation alone is insufficient to conduct a warrantless blood draw after a driving while impaired arrest.

Apr: 29, 2013

Police in Lakeville accuse man of DWI on power scooter

Most people accused of driving while impaired in Minnesota are accused of driving drunk in a traditional motor vehicle. But, as followers of this blog recognize, Minnesota’s DWI laws are interpreted broadly in many cases. Many Minnesotans may remember a story about a DWI in a motorized reclining chair that made headlines years ago.

Apr: 29, 2013

Man charged with hit-run, DWI in Lake Street fatal bike accident

Hennepin County authorities have charged a Minneapolis, Minnesota man with felony hit-and-run and misdemeanor driving while impaired charges in relation to a fatal bike accident on March 30. Minneapolis Police say that officers found a woman lying in the middle of Lake Street shortly after 2:15 that morning.

Mar: 29, 2013

Woodbury man accused of felony DWI after cop sees car doing doughnuts

A 21-year-old Woodbury, Minnesota man is facing felony drunk driving charges after he was pulled over shortly after 2:00 in the morning on March 16. Woodbury Police claim that an officer watched a car leave from the area near a saloon and cross into a parking lot outside a fitness center in Woodbury. The officer claims that the driver of the car did some “doughnuts” in the fitness center’s parking lot.

Mar: 29, 2013

Man indicted in federal court for alleged drunk driving wreck in Minnesota

The United States Department of Justice says that a Northern Minnesota man has been indicted in federal court on involuntary manslaughter charges after he was allegedly involved in a fatal accident. The crash was reported on the Red Lake Indian Reservation in Northern Minnesota last October. Investigators believe that the Blackduck, Minnesota man was driving drunk on Minnesota highway 15 when he lost control of his car. A female passenger in the vehicle was killed in the wreck.

Category: DWI