25
Jan

DWI Test Refusal - Minnesota Laws

DWI, Gross Misdemeanors / Misdemeanors
When someone is being investigated and ultimately arrested for a Minnesota DWI, the entire process can be overwhelming and confusing. Almost always, the person is asked numerous questions, requested to perform the field sobriety tests, requested to s…
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19
Oct

Innocent Owner Defense in Minnesota

DWI, Vehicle Forfeiture
A vehicle subject to forfeiture following a DWI must be returned to an innocent owner under specific circumstances. Effective January 1, 2022, this innocent owner defense will be spelled out in the statute and should – in theory – make th…
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28
Apr

Marijuana DUI - Actual Impairment Required

Drug Crimes, DWI
With 4/20 having come and gone recently, we thought it’d be an appropriate time to discuss the marijuana DUI laws in Minnesota. Certainly, with the likely legalization of marijuana in the not-too-distant future, marijuana DUI’s will becom…
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9
Mar

Penalties for your First DUI in Minnesota

DWI, Loss of License
When we talk with new clients who picked up their first DUI, we often get asked about the possible penalties they face. And, what is hard for most to comprehend – at least at first – is that, even for your first DUI, the penalties are bot…
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28
Dec

Questions to Ask Your DUI Lawyer

DWI
At North Star Criminal Defense, our attorneys have over 30 years of combined experience. So, needless to say, as DUI lawyers, we’ve seen it all and know how to handle any type of DUI case, from the routine to the complicated. And through this e…
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20
Nov

DWI vs DUI in Minnesota - What's the Difference?

DWI
We get a couple common questions asked of us when people are facing DWI charges in Minnesota. First, some people want to know the difference between DWI vs DUI. Second, they are wondering why they are facing two charges for DWI stemming from the same…
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15
Apr

DWI Aggravating Factors - Supreme Court Clarification

Case Law Updates, DWI
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

DWI
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

DWI
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

DWI
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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