Minnesota Viking arrested for DUI in Minneapolis

Another professional athlete has found himself in legal trouble. Minnesota Vikings player Tyrell Johnson, 26, was reportedly arrested for suspicion of drunk driving early this morning. Therefore, it is very early in what could become an official DWI charge against the safety, though he shouldn’t hesitate to take the situation seriously as soon as possible.

As we have learned through other criminal cases against professional athletes, their futures playing with their teams are put at risk when they become defendants in criminal cases. For an NFL player, for example, a criminal conviction can mean more than criminal sentencing, it can mean temporary suspension from getting on the football field.

According to the Star Tribune, Johnson was pulled over in Minneapolis in the early morning. Why police decided to pull him over is not disclosed, but that detail is significant in a potential DWI charge. Law enforcement must have a reasonable reason to pull over a suspect before they can investigate the situation and treat it as a possible DUI case.

Johnson reportedly submitted to a preliminary breath test, which means he blew into the breathalyzer device during the traffic stop. According to Minnesota implied consent law, a person does not legally have to submit to the breath test until he or she is arrested and in custody of law enforcement. Johnson’s BAC level reportedly measured in at 0.12, above the legal limit of 0.08. Of course, mistakes happen when relying on mechanical devices, and an effective DWI defense attorney would understand that reality.

We will follow this matter and post an update with any new developments.

Source

Star Tribune: “Patrol: Vikings safety Johnson’s alcohol breath test measured 0.12,” Mark Craig, Sep. 20, 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

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.