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 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

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.