19
Dec

Snowmobiling while Intoxicated (SWI)

DWI
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

DWI
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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17
Nov

Underage Drinking and Driving

Criminal Charges, DWI, Traffic Violation
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…
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17
Nov

DWI Expungement - Court of Appeals Decision

DWI, Expungement
A frustrating trend had emerged in Hennepin County with its handling of DWI expungements. It was becoming quite clear that obtaining an expungement of a DWI record was going to be nearly impossible. Other counties throughout the State give DWI expung…
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26
May

Plate Impoundment - Spouse's Vehicle

DWI, Traffic Violation
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…
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25
Mar

Legislature Seeking to Require Ignition Interlock for All DWI Offenders

DWI, In the Media
Currently, the ignition interlock device is required for repeat offenders or a first-time offender when the alcohol concentration was twice the legal limit. The device is installed in the vehicle, which prevents it from being operated unless and unti…
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21
Dec

Temporary Reinstatement of Driving Privileges Following a DWI

DWI
Following a DWI, one of the most severe and immediate consequences is the revocation of the person’s driving privileges. The duration of the revocation can be from 90 days up to several years, depending on the circumstances of the arrest. A per…
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14
Dec

Minnesota's DWI Law About to Get a Close-Up

Case Law Updates, DWI
In just our last blog, we quoted Justice Alan Page’s infamous lambasting of his colleagues when he said the Minnesota Supreme Court (at least the majority) wished it lived in a world without McNeely. Well, the Supreme Court of the United States…
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9
Dec

Equal Protection and Due Process Violations in Minnesota DWI Law

Case Law Updates, Constitutional Rights, DWI
As the veritable Justice Alan Page penned: “(Minnesota) court(s) apparently wish that we lived in a world without Missouri v. McNeely.” Such a strong shot fired at his fellow justices is true because ever since the United States Supreme C…
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2
Nov

DWI Consequences for Commercial Drivers

DWI, Loss of License
Prior references and discussions about license consequences following a DWI conviction deal with non-commercial drivers. Different revocation periods apply to those that drive for a living. The result is a much more severe and strict revocation perio…
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