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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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 vehicl…
Read More
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…
Read More
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…
Read More
17
Nov

Underage Drinking and Driving

Facing DWI charges is a difficult time for every person. This is especially true for persons under the age of 21. An underage drinking and driving offense raises unique issues and potentially more significant collateral consequences. To begin with, a…
Read More
26
May

Plate Impoundment - Spouse's Vehicle

A DWI in Minnesota brings many collateral consequences, such as a lengthy loss of license, potential vehicle forfeiture, and plate impoundment. If your vehicle is subject to a plate impoundment, that means you will be driving with ‘whiskey plat…
Read More