State Patrol Reports an Increase in DWI Incidents this Memorial Day Weekend
Minnesota State Patrol reports that there were 435 DWI arrest over the Memorial Day Weekend in Minnesota. In 2022, the state patrol reports there were 389 DWI arrests over the Memorial holiday weekend.
New DWI Forfeiture Law Allows for Return of Vehicle with Ignition Interlock
Effective July 1, 2019, Minnesota’s DWI forfeiture laws have been amended to favor vehicle owners. The new law mandates return of the vehicle to its owner if the DWI violator becomes a participant in the ignition interlock program prior to finalization of the forfeiture. Ordinarily, a forfeiture cannot be completed until at least 60 days transpire from the date of the incident because an owner has 60 days to file a judicial challenge to the forfeiture in court. In addition, if an owner challenges the forfeiture in court, the forfeiture is stayed until final disposition of the court case. Challenging the […]
New DWI Boating, Snowmobiling, and ATV Laws in Minnesota
Effective August 1, 2018, Minnesota’s DWI laws have changed significantly with respect to boating, snowmobiling, and operating ATVs. First, any person convicted of DWI in Minnesota for a DWI offense occurring on or after August 1, 2018, will also lose the privilege to operate a motorboat for 90 days between May 1 and October 31 and one year for test refusal. The person will simultaneously lose the privilege to operate a snowmobile and ATV for one year.
Second, a person charged with a first-time offense of boating, snowmobiling, or operating an ATV while impaired will trigger revocation of his driver’s license for […]
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Minnesota Supreme Court Rules It’s Constitutional to Criminalize Test Refusal in DWI Cases GalleryMinnesota Supreme Court Rules It’s Constitutional to Criminalize Test Refusal in DWI Cases
McNeely in Minnesota, Minnesota DWI Court Opinions, Minnesota DWI News, Minnesota DWI Take or Refuse Testing, Minnesota DWI Test Refusal, Minnesota DWI Testing Decision
Minnesota Supreme Court Rules It’s Constitutional to Criminalize Test Refusal in DWI Cases
In today’s surprising 5-2 decision, the Minnesota Supreme Court ruled that it’s constitutional to criminalize test refusal in a DWI case where the driver refuses to submit to a breath test. The case is State v. Bernard. You can read the court’s decision here.
For the first time in history, the court applied the “search-incident-to-arrest” exception to DWI cases, and ruled that the Fourth Amendment does not require a warrant to search a person’s breath for alcohol content after a valid DWI arrest. Because a warrant is not required to search the person’s breath for alcohol content, a driver’s refusal to […]
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Police in Ramsey County Are Adding License Plate Scanners to Detect Criminal Activity GalleryPolice in Ramsey County Are Adding License Plate Scanners to Detect Criminal Activity
Minnesota Crime Statistics, Minnesota DWI News, Minnesota Implied Consent License Revocation, Minnesota Police Surveillance, Minnesota Whiskey Plates
Police in Ramsey County Are Adding License Plate Scanners to Detect Criminal Activity
Jay Carey Discusses Minnesota DWI Laws on the Rick Borman Show
McNeely and the Constitutionality of Minnesota’s DWI Laws
On April 17, 2013, the U.S. Supreme Court decided Missouri v. McNeely, holding that a nonconsensual, warrantless blood test in a DWI case violated the defendant’s right to be free from an unreasonable search under the Fourth Amendment. The Court ruled that a warrant was required to obtain a sample of the defendant’s blood for alcohol testing. Consequently, the blood test was excluded as evidence in the case.
McNeely is a seminal case in the area of DWI law. Prior to McNeely, the Minnesota Supreme Court ruled that a warrant never is required to obtain a sample of a driver’s blood, […]
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Should You Take or Refuse the Test in a Minnesota DWI Case? GalleryShould You Take or Refuse the Test in a Minnesota DWI Case?
Minnesota DWI Blood Testing, Minnesota DWI Take or Refuse Testing, Minnesota DWI Test Refusal, Minnesota DWI Testing Decision, Minnesota DWI Urine Testing, Minnesota Ignition Interlock, Minnesota Implied Consent Advisory, Minnesota Implied Consent License Revocation, Minnesota Right to Counsel in DWI Case
Should You Take or Refuse the Test in a Minnesota DWI Case?
This is probably the most common question asked of a DWI lawyer. The short answer is: Yes, you should take the test with a few important caveats.
The best advice is to call a lawyer before you take the test. The police give you at least 20 minutes to reach a lawyer for advice. They provide directories and may allow you to use your cell phone to find a lawyer. Because it’s often difficult to reach a lawyer late at night, keep calling lawyers until you reach one directly. The police often will give you extra time to reach a lawyer […]
Minnesota Supreme Court Limits DWI Vehicle Forfeiture Statute – Plain Language Prevails
On September 26, 2012, the Minnesota Supreme Court released an important decision in the DWI vehicle forfeiture of Patino v. One 2007 Chevrolet. The Court applied the plain language of the DWI forfeiture statute and held that an owner is entitled to return of the vehicle if the alleged offender attends court and is not convicted of the “designated offense” triggering the initial forfeiture.
Under the forfeiture statute, a “designated offense” is defined as First or Second Degree DWI/Test Refusal or any DWI/Test Refusal offense where the driver has a B-card restriction or is canceled inimical to public safety (IPS).
The decision […]
By 4-3 Margin, Minnesota Supreme Court Upholds Validity of Intoxilyzer 5000EN Breath Test in Thousands of Pending DWI Cases
On June 27, 2012, the Minnesota Supreme Court released its long-awaited decision regarding the validity of the Intoxilyzer 5000EN breath machine, used in thousands of pending Minnesota DWI cases. By a 4-3 margin, the Supreme Court upheld the validity and reliability of the Intoxilyzer 5000EN machine. A copy of the decision is available here.
The decision ends an approximately six-year battle regarding access to, and analysis of, the Intoxilyzer’s source code, which governs the machine’s operation. Despite finding errors in the source code, the Minnesota Supreme Court ruled that these errors do not affect the reliability of the test results. Thus, […]