blog 2017-12-21T21:53:26-06:00

445 DWI Arrests in Minnesota over the extended Thanksgiving Weekend

According to the Minnesota Department of Public Safety, 445 DWI arrests were made by Minnesota law enforcement during the Thanksgiving weekend.

The numbers were recorded from 6 p.m. on Wednesday through 6 a.m. on Monday and break down like this:

  • 43 arrests on Wednesday night
  • 100 arrests on Thursday
  • 72 arrests on Friday
  • 119 arrests on Saturday
  • 99 arrests on Sunday
  • 12 arrests on Monday morning
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Minnesota Law Enforcement Is Stepping Up DWI Enforcement

 

Minnesota officials recently announced that law enforcement is stepping up DWI enforcement state-wide during the holiday season.  The extra DWI enforcement will start on Wednesday, Nov. 27, and will run on the weekends through New Year’s Eve.

 

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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 […]

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 […]

Police in Ramsey County Are Adding License Plate Scanners to Detect Criminal Activity

StarTribune reports that several police agencies in Ramsey County are adding automatic license plate scanners to their surveillance arsenal on the roadways. The devices should be operational by mid-February. Agencies in Minneapolis, St. Paul, Hennepin County, Washington County, and several other jurisdictions already are using them. 
 
The scanners allow law enforcement to read license plates automatically and run the information through the government databases. Officers then are alerted via their squad car computers whether any problem exists with the scanned vehicle. In addition, the scanners are located at fixed […]

Jay Carey Discusses Minnesota DWI Laws on the Rick Borman Show

Jay Carey recently appeared as a guest on the Rick Borman Show, which is a talk radio program in Naples, Florida. The topic of the interview was Minnesota’s whiskey plates and DWI laws. 

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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