Southern Minnesota man sentenced for felony DWI on motorized bike

An Austin, Minnesota man was sentenced earlier this month on a felony driving while impaired conviction involving allegations that the man had been driving drunk on a motorized bicycle. Mower County, Minnesota officials claim that the 44-year-old was riding the motorized scooter without any headlights around 2:00 in the morning on July 31. An Austin police officer observed the man run a stop sign and travel on the wrong side of the road before the cop pulled him over, according to the criminal complaint.

Twin Cities area readers may understand that new Minnesota DWI charges may be enhanced based upon a driver’s prior DWI record, or based upon a combination of three or more qualified prior impaired driving incidents within 10 years. A prior felony DWI conviction, or prior criminal vehicular homicide or operation conviction –regardless of the age of the conviction–may also be used to enhance a new DWI charge to a felony level offense.

Law enforcement in Southern Minnesota say that after the Austin man was pulled over on his motorized bike, he measured 0.20 percent alcohol content in a DWI alcohol test. Authorities say that the man had been convicted of felony DWI in 2004 in Houston County, Minnesota. Based upon that prior record, the man was charged with two counts of felony DWI after his July 31 arrest.

The 44-year-old reportedly pled guilty to one count of felony DWI under a plea agreement. A first-degree DWI charge carries a statutory maximum sentence of 7 years in state prison upon conviction, and-or a potential fine of up to $14,000. The man was sentenced to seven year’s probation and fined $500 for the felony DWI conviction. The man will also be required to serve 30 days on electronic home monitoring under the sentencing order.

Source: Austin Daily Herald, “Conviction sticks for DWI on motor scooter,” Matt Peterson, April 15, 2013

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

One of the questions people facing a criminal charge ask is: How long does a criminal case take? The timeline of your criminal case in Minnesota will depend on the nature and severity of the alleged crime, the speed of the criminal justice system, the duration of the trial, and whether an appeal will be necessary. Delays at any stage of the criminal justice process may impact how long your criminal case will last. Generally, however, misdemeanor cases may resolve within weeks or months, while felony cases may linger in courts for up to a year.
People accused, arrested, or charged with a crime often ask, “How much does a criminal defense lawyer cost in Minneapolis, MN?” It is difficult to accurately determine how much a criminal defense lawyer will cost. The reason is that numerous factors impact the cost of legal representation in criminal matters. These factors include the type and severity of criminal charges, the lawyer’s experience and reputation, required time and effort, and geographical location.
Social media can have legal implications, particularly when it comes to criminal cases. Since its advent, social media has become a powerful tool for communication and self-expression. As of 2023, an estimated 4.9 billion people worldwide use social media platforms such as Facebook and Instagram to share thoughts, experiences, and moments from their lives. However, in this digital age, social media activity can be used as evidence in criminal cases in Minneapolis and elsewhere.