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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

Senior truck driver holding a wheel and looking through the window. DWI Affects CDL Holders

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.
Passenger is sitting on the back seat of the car and using smart phone app to rate a driver. DWI Affects Rideshare Drivers

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.
Two policemen are standing in front of the building's entrance door. Police Search Your Phone Without a Warrant

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.