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.

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

You might need to know the long-term impacts of a 3rd degree DWI if you have been arrested or charged with driving while impaired (DWI) in Minneapolis, MN. A 3rd-degree DWI conviction can affect you personally, professionally, socially, and financially. A DWI conviction carries consequences, such as paying huge fines, loss of income, paying higher insurance premiums, strained relationships, and reputation damage. Your driver’s and professional license may be suspended or revoked after you are charged or convicted of a DWI. You may also face a civil lawsuit, which costs you money in the form of financial compensation to the accident victim.
One of the questions that people facing sex crime charges in Minnesota ask is: Will I have to register as a sex offender if convicted? You will most likely be required to register as a sex offender if convicted of a sex crime. Factors that determine sex offender registration include the nature and severity of the offense, aggravating factors, civil commitment, and risk level. You must register as a sex offender if you are relocating to Minnesota for school, work, or to live and have been convicted of sex crimes elsewhere.
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.