DWI

15
Apr

DWI Aggravating Factors - Supreme Court Clarification

The severity of a DWI in Minnesota depends on the number of aggravating factors, if any. If there are none, the DWI is a misdemeanor offense, with no statutory sentencing requirements. If one or more DWI aggravating factors are present, the DWI can b…
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5
Mar

Vehicle Forfeiture - How to Get Your Vehicle Back

To many, the most severe collateral consequence stemming from a DWI is the vehicle forfeiture. The vehicle forfeiture law is convoluted, but in essence it means that, if you are convicted of a second-degree DWI, or worse, then the State may lawfully…
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23
Nov

DWI Breath Test - The Observation Period

When a driver gets arrested for a DWI, an officer takes them back to the station and requests an official test to determine the driver’s alcohol concentration level. In the vast majority of cases, the test offered is a breath test, administered…
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8
Aug

Post-Driving Consumption - DWI Defense

If you are charged with a Minnesota DWI, there are a few affirmative defenses prescribed by law. One of them is post-driving consumption. Under Minn. Stat. 169A.46, post-driving consumption is a complete defense to a charge of DWI with an alcohol con…
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1
Aug

DWI - License Revocation Law Change - 2018

One of the most immediate and difficult consequences that come from a DWI charge is the license revocation. A person charged with a DWI can have their license revoked for anywhere between 30 days and multiple years, including having a B-card restrict…
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29
Mar

Driving While Impaired - Defined

Most of the time, when someone is facing a driving while impaired charge, they face two counts – one is based upon a test result above the legal limit of .08 and the other is based upon demonstrated impairment. In order to prove the latter, the…
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15
Sep

Changes to Minnesota DWI Law

In the 2017 Minnesota legislative session, changes were made to MN DWI Laws. These new laws went into affect at the beginning of July. None of these changes are ground-shaking, but it’s nonetheless important to understand them and how they̵…
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18
Apr

Legality of a DWI Stop - More than Curiosity is Required

Often the best defense starts with whether the DWI stop of the vehicle was legal. The Fourth Amendment guarantees that we are free from unreasonable searches and seizures. This demands that the police first have a legal basis to even stop the vehicle…
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19
Dec

Snowmobiling while Intoxicated (SWI)

Any person who is operating a snowmobile while under the influence can be charged with a snowmobiling while intoxicated charge (SWI), which is the equivalent to a DWI. The criminal penalties will be nearly identical to a DWI charge, but the civil pen…
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16
Dec

GERD Defense to DWI Charges

Typically, the most critical piece of evidence in a DWI is the breath test result taken at the station. This test shows whether the driver was above the 0.08 legal limit. But, this test result can be inaccurate if the driver suffers from certain medi…
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