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Supreme Court Decision Could Change Many DWI Cases

In 2016, the U.S. Supreme Court outlined new testing procedures for drunk drivers that allow law enforcement to perform breath tests without a warrant. A DWI attorney St. Paul can explain the impact of this new ruling to individuals charged with a DWI in Minnesota.

U.S. Supreme Court Ruling

In June 2016, the U.S. Supreme Court instigated a new ruling that impacts DWI cases. Previous laws required law enforcement to get a warrant to perform breath tests and blood tests on individuals suspected of drunk driving. Privacy laws allowed those individuals the right to refuse a breath test and blood test without a warrant. Many people who did refuse these tests were charged with DWI crimes and sentenced to jail time and steep fines.

The new Supreme Court ruling allows law enforcement to perform breath tests without a warrant, but not blood tests, because they are considered more invasive procedures that are protected by the Fourth Amendment. To reach the new ruling, the Supreme Court looked at three lower court rulings which involved state laws that criminalized the refusal of blood and breath tests. In North Dakota, a man received a 30-day sentence and fines for refusing a warrant-less blood test. Another man lost his drivers license when law enforcement told him that refusing a warrant-less blood test was a crime. In Minnesota, a man hired a DWI attorney St. Paul to challenge his prosecution after refusing a warrant-less breath test.

DWI Offenses in Minnesota

A Minnesota DWI charge is a criminal offense that carries serious consequences. It can result in the the revocation of a driver’s license, thousands of dollars in fines, and extended jail time. Criminal penalties imposed for a DWI in Minnesota are based on the number of prior aggravating factors a driver has at the time of the offense, however a first offense DWI, a gross misdemeanor charge, can be filed if a driver’s blood alcohol content (BAC) is .20 or above. If charged with a first-degree felony DWI, a person can be sentenced to a minimum jail term of 180 days, a maximum jail term of five to seven years, as well as fines of up to $14,000. In addition to criminal penalties for a DWI, Minnesota also imposes civil sanctions that include revocation of a driver’s license, impoundment of a license plate, and forfeiture of a vehicle.

Max Keller image
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.

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

DWI driving while intoxicated printed on a paper clipped on a board with open fountain pen on a wooden table. DWI While Riding a Scooter

What Happens If You Get a DWI While Riding a Scooter or E-Bike in Minneapolis?

Minnesota DWI laws apply to all types of motorized vehicles using the road. So, you may get arrested and charged with DWI while riding a scooter or E-bike if your blood alcohol concentration is 0.08 or more. The penalties for a DWI conviction may range from driver license suspension or revocation and fines to imprisonment. A conviction may also result in collateral consequences, including job loss and higher auto insurance premiums. A DWI lawyer can minimize the legal consequences or avoid them altogether. So, be sure to retain a lawyer immediately after you get arrested or charged for riding a scooter or e-bike while impaired.
Top view police officer examining criminal record at desk. criminal record impact new charges

Can a Criminal Record Impact New Charges in Minnesota?

People with prior convictions and facing new charges may wonder, “Can a criminal record impact new charges in Minnesota?” Having a criminal record can influence how the prosecution and court will handle your current charges. The court may deny your bail request or impose strict conditions. It may also impose harsh penalties. The prosecution, on the other hand, may be reluctant to give you a favorable plea deal if you have a prior conviction for a similar or related offense.