Minnesota man’s specific felony DUI marks a first in the state

As of July 1 in Minnesota, there is a new illegal drug in the state. It’s a synthetic drug, sold as “bath salts” that mimics the physical effects of other already illegal drugs such as marijuana and LSD. The substance has been outlawed in Minnesota and throughout the county because of the reported dangers it poses to users.

According to a Rosemount police officer, one of those dangers is the potential for driving under the influence. His fear was validated on Sunday, when he arrested a 46-year-old driver for a felony DUI. The driver was not under the influence of alcohol. He passed a breath test. He still faces the serious charges.

How can that be so? Authorities report that the defendant admitted after being pulled over that he was under the influence of bath salts. The synthetic drug allegedly made him jittery but mentally slow when responding to the officer. This was the first time in Minnesota that a driver has been arrested and charged with driving under the influence of a synthetic drug.

This might be the first case of this kind in the state, but for this particular defendant, this is not his first time dealing with DUI charges. The Star Tribune reports that he has been convicted of 10 prior DWIs. This time, he was legally pulled over because witnesses and police saw him veering his blue pickup truck on the night of the arrest.

Because this is the first case of its kind in Minnesota, we will post an update when there are new developments to the story.

Source

Star Tribune: “Rochester driver charged with using synthetic drug,” Joy Powell, 6 Jul. 2011

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

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.