Minnesota Mulls Expansion Of Interlock Program

A new law would soon require ignition interlocks for all DWI convictions in Minnesota. Minnesota would become the 26th state in the nation to adopt such a law. Supporters and a DWI attorney in St. Paul point to the 15 percent reduction in alcohol-related fatalities and DWI arrests in other states as proof that the law works.

What is an interlock?

An ignition interlock device is a breathalyzer that drivers use before starting their vehicle. Drivers attach a handheld mouthpiece to a cable that runs under the dashboard of the car. In order to start the vehicle, the driver blows a sample into the mouthpiece. If the sample is clean, the device sends a signal to the ignition to start the car.

What is the current program?

Under the law adopted in 2011, several groups can register for the program:

  • First time offenders with a blood alcohol concentration of more than 0.16
  • Second time offenders
  • People who refuse a roadside sobriety test
  • Drivers whose driving licenses were canceled as “inimical to public safety”
  • Non-fatal road accidents where alcohol was involved

The purpose of the law is to allow drivers to keep their Class D license to continue normal activities, such as going to work or taking care of their children. With the help of a DWI attorney in St. Paul, the length of time an ignition interlock is required is variable. Generally, the period lasts for one year for new offenders, two years for a second offense, and 3-6 years for more serious offenses.

What are the proposed changes?

The new law would require all first time offenders to install an ignition interlock, and maintain the device for at least 180 days without a positive test. Repeat offenders would be required to use a device for much longer.

The changes address one of the core problems with the current system: people driving without a license. A report from Mothers Against Drunk Driving showed 50 to 75 percent of Minnesota drivers get around license suspensions because the punishments are not severe enough to act as a deterrent. An expansion of the ignition interlock program would make working around DWI punishments far more difficult.

A DWI attorney in St. Paul will become a powerful ally under the new guidelines. Successfully arguing for a lower charge may be able to significantly reduce the amount of time drivers have to submit to an ignition interlock.

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

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
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.