Judge sentences Hastings man to 5 years for felony drugged driving

A judge has sentenced a Hastings man to five years in state prison on a felony conviction for driving while impaired. Last summer, Minnesota state law addressed so-called “bath salts” in the state’s DWI statutes.

The Hastings man reportedly told law enforcement after a traffic stop near Rosemount that he was under the influence of bath salts and the man was subsequently arrested for felony DWI. News reports now indicate that the man actually tested positive for the presence of cocaine and methamphetamine. Controlled substances have long been covered under Minnesota’s implied consent and DWI statutes.

The nature of the alleged substance, however, is not the basis for the felony charges filed against the Hastings man. DWI offenses in Minnesota can be elevated to the felony level for a number of reasons, including alleged prior DWI convictions.

Minnesota DWI laws look back ten years for prior DWI convictions or other qualified impaired driving incidents, which include prior DWI license revocations. Those prior incidents can be used to enhance a current charge to a felony. Generally, three prior DWI convictions in the past ten years is sufficient for authorities to seek a felony DWI charge, as this blog has previously discussed.

It is important to note that a prior felony DWI conviction is not subject to the general ten year look back period, and can be used alone to enhance a current allege offense to a felony.

Dakota County prosecutors say the Hastings man had a prior felony DWI conviction from 2005, for which the media says the man was incarcerated for a year. News reports also say that the man had a total of ten prior DWI convictions, but the media generally does not indicate the timing of those prior convictions.

The Hastings man reportedly pled guilty to the felony DWI charge and recently faced sentencing in Dakota County. Prosecutors asked the judge to impose a five year prison sentence for the conviction and the judge reportedly agreed.

Source: My Fox Twin Cities, “Man Sentenced to 5 Years for 11th DWI,” April 8, 2012

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

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.