A bill is moving its way through the Minnesota Legislature that contains important updates to Minnesota’s DWI laws. Lower aggravating factor threshold. Currently, there are four aggravating factors that enhance the severity of a DWI offense. These include prior DWI convictions or license revocations, having children under the age of 16 in the vehicle, test refusal, or having a blood-alcohol...
Today the Minnesota Court of Appeals ruled that the State of Minnesota can revoke a person’s driving privileges for testing positive for any amount of a schedule I or II Controlled Substance (examples include Adderall, Concerta, Dilaudid, Oxycontin, Percocet, and many more) even if they are taking the medication as prescribed by a doctor. See Dornbusch v. Commissioner of Public Safety, A14-1236, http://www.mncourts.gov/opinions/coa/current/opa141236-030215.pdf ....
Minnesota’s test refusal law (Minn. Stat. § 169A.20, Subd. 2) makes it a crime for someone to refuse to submit a blood, breath, or urine test when an officer has probable cause that the person was driving while impaired. A driver charged with test refusal recently challenged the constitutionality of the law and the Minnesota Supreme Court ruled this week...
In a 4-3 decision, the Minnesota Supreme Court rules that the necessity defense does not apply to implied consent proceedings. The Court noted the “plain language of the statute does not permit a person to raise the affirmative defense of necessity at an implied consent hearing.” This means that if you drive with an alcohol content of .08 or more...
Today the Minnesota Supreme Court issued a decision in State v. Brooks, affecting DWI arrests in Minnesota. At issue in Brooks was whether the police needed a search warrant before obtaining a blood or urine sample from Mr. Brooks who had been arrested for DWI and, if a warrant was required, did Mr. Brooks voluntarily consent to the test (so...
If you are charged with a DWI in the state of Minnesota and your vehicle is subject to forfeiture, you have the right to challenge the State’s forfeiture attempt and demand a judge to review your claim. The Minnesota Supreme Court recently ruled that the State may only forfeit your vehicle when you are convicted of a ‘designated offense. For example, if you...
What is an electric-assisted bicycle? An electric-assisted bicycle is a “bicycle” not a “motor vehicle.” The requirements of an electric-assisted bicycle are: 1. Has a saddle and fully operable pedals for human propulsion; 2. Maximum 1000 watt electric motor; 3. Maximum speed of 20 miles per hour; and 4. Motor disengages when brake applied An electric-assisted bicycle is not to be confused with a...
When can I be arrested for driving under the influence? First, it important to note that not everyone who is arrested will spend the night in jail. Sometimes a person will be released after being arrested . You will be arrested for a DWI if the officer can show probable cause for intoxicated driving. (Minn. Stat. § 169A.40). You will spend at...
Under certain circumstances, a vehicle may be subject to forfeiture by the state along with a DWI. There is a presumption of forfeiture under the following circumstances: (1) if the driver is convicted of the designated offense upon which the forfeiture is based; (2) the driver fails to appear for a scheduled court appearance for the designated offense charged (and...
Canadian law does not allow persons with certain criminal offenses to enter the country. Per the visa and immigration information, “those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered members of an Inadmissible Class” and are therefore denied entry to Canada. However, a person may apply for a Temporary Resident Permit. One can apply for a Temporary...