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Questions Surround Vague DWI Laws in Minnesota

The state of Minnesota is known for its strict laws regulating driving while intoxicated. In some cases, the law is clear, however three recent appellate court decisions have led to some uncertainty. Depending on the type of DWI charge, and the number of times that a defendant has faced a charge, consequences range from fines to lengthy jail times. It’s important for those facing such a charge to consult with a St. Paul DWI lawyer to review their rights and responsibilities.

What Sets Minnesota Apart

Minnesota is one of the few states in the country that considers refusal to take a blood alcohol test a crime. This is the case, even if the police do not have a warrant. Minnesota’s implied consent law says that if you are arrested by an official with probable cause, then you consent to taking a chemical test to measure your blood alcohol content. This consent is also implied if you are involved in an accident involving property damage, death or significant injury. Officers are required to tell suspects that Minnesota law requires a blood alcohol test and that refusal is considered a crime.

The constitutionality of this law is now being questioned, both locally and nationally. This standing rule is under fire because the courts recently ruled that a warrant is needed if the test involves blood or urine. Though breath tests are the most common, this ruling still changes the landscape of Minnesota DWI laws.

Minnesota safety officials say that over 2,502 drivers were arrested on DWI charges over the recent holiday season, which spanned from Thanksgiving to New Year’s Day. Law enforcement takes a tough stance on DWI offenders, which is why they should work with a St. Paul DWI lawyer who understands the laws and the implications of expected changes.

What’s Next for Minnesota DWI Laws?

Minnesota has now been placed on the national stage, because the United States Supreme Court will be reviewing its test refusal law to determine if it is constitutional. For now, blood and urine tests have been set apart, and the fate of warrants for breath tests remains up in the air. This means that some cases have been placed on hold, until a final decision has been made. For now, refusal to take a breath test is still against the law, but in the coming months, this could certainly change.

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Attorney Max Keller
Max Keller

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.

Experience: Practicing since 1997
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

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Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.
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Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.