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Minnesota DWI Chemical Evidence Part 1 – The Breath Test

Tuesday, January 31st, 2012

In any DWI case in Minnesota, the chemical evidence (which usually comes in the form of a breath test), plays a very important role. Police officers use two different types of breath tests in Minnesota, the Preliminary Breath Test and the Evidentiary Breath Test. These two tests have significant differences in terms of their legal implications and technology. Let’s take a look at these different breath tests and their purposes.

Preliminary Breath Test

During the Preliminary Breath Test, also known as portable breath test or PBT, a small handheld device is used by a police officer to measure the blood alcohol concentration level of a suspected drunk driver at the scene of the arrest (before the officer makes the arrest decision).

Although not as reliable as its bigger counterpart, the PBT machine can help an officer come to an arrest decision if the result of the driver’s breath test is close to or above the legal driving limit (which is 0.08 BAC in Minnesota). It’s important to note, however, that the result of the Preliminary Breath Test is usually not permissible for use against the accused driver in court to prove innocence or guilt. Also it’s important to note that refusal to submit to a PBT carries no criminal penalties in Minnesota. However, it can help establish probable cause for your arrest for DWI.

Evidentiary Breath Test

The Evidentiary Breath Test or the EBT, which is typically done back at the police station (after the arrest has been made) uses a bigger and more precise breath testing machine. The DataMaster is the most commonly used Evidentiary Breath Test machine in Minnesota and in several states for DWI cases.

The DataMaster works by measuring and calculating the blood alcohol concentration in the breath sample of a driver. The printout of the breath test’s result is presented by police officers and prosecutors as evidence in court to prove the driver’s guilt. Refusal to submit to the evidentiary breath test at the police station after an arrest may mean a separate misdemeanor charge for the suspected DWI offender.

How Reliable Are The Breath Test Machines?

A lot of Minnesotans are questioning the reliability of the breath test machines used in Minnesota DWI cases. It’s important to understand that these machines are not perfect and many errors and variables may affect their results.

The DataMaster evidentiary breath test machine result (which is often used as the main evidence against arrested DWI offenders) is still prone to both operator and maintenance errors. This simply means that if the DataMaster is not properly maintained by operators, it can register erroneous results. Additionally, if breath testing procedures are not properly followed during the test, the results of the test can be deemed invalid by the court.

Human Variables Affecting Breath Test Results

There are human variables which vary from person to person which may cause breath testing machines to register inaccurate BAC results. These variables can make sober drivers appear guilty of drunk driving by showing results of a 0.08 or higher BAC even when their true blood alcohol content is lower. On the flip side, obviously impaired drivers can be considered innocent by police officers even though they actually have a BAC above the legal limit.

Physical variables in the person being tested alter the body’s normal composition, and the breath testing machines are not programmed to adjust to them. Some of the human variables which may cause erroneous DWI breath test results are the following:

Stress
Confusion
Age
Illnesses
Fear of Police
Fatigue
Prescription Medication
Weight

Challenging Minnesota Breath Test Results

There are many ways to challenge the results of breath tests in Minnesota, and their effectiveness really depends on the expertise of your Minnesota DWI Defense Attorney. Some methods of challenging these tests are successful, and some fail. An experienced DWI attorney is up to date on all the recent changes in Minnesota DWI laws, and knows the angle and argument to make for each unique DWI case. Sometimes this can lead to a dismissal of your case and sometimes it leads to lower DWI penalties. If your DWI attorney is able to successfully attack the evidence against you in court, the result of your breath test will be thrown out and usually at that point the prosecutor will no longer have enough evidence to proceed with your DWI case.

Are You Seeking To Challenge Your DWI Charge?

If you’re charged with DWI in Minnesota, you need to immediately contact an experienced DWI Lawyer to examine how your physical variables, or the condition of the breath test machine could have affected the result of your breath test.

Minneapolis DWI lawyer Douglas T. Kans has the expertise and ability to provide you with the best strategy in defending your DWI charge. You can contact Kans Law Firm at (952) 835-6314 for a free case review.

Tags: breath test, Datamaster, dwi breath testing, dwi chemical evidence, dwi chemincal test, minnesota dwi breath test, Minnesota DWI Lawyer
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Minnesota DWI Court Process Explained

Sunday, January 22nd, 2012

In Minnesota, charges will be filed against the accused after a DWI arrest. Depending on the charges, the DWI court process may vary from case to case. The heavier the charge, such as in the case of felony over misdemeanor, the more court hearings are usually required.

Below is an overview of the stages of a typical Minnesota DWI court process.

Custody

If you’re arrested for a gross misdemeanor or felony level DWI in Minnesota, you generally will be held in custody following your arrest. Within 48 hours of the arrest a judge determines if there’s probable cause to continue your detention. Not including the day of the arrest, legal holidays and weekends, the prosecutor has 36 hours to charge you with a crime and take you before the judge for an initial appearance. Prior to the trial, the judge then sets conditions of your release.

Release from custody

Depending on your DWI case and the aggravating factors involved, you may be released with a promise to appear in court or you may need to post a bail bond before your release. If you can’t post a bail bond when required, you’ll be held in custody until the arraignment.

Arraignment

Arraignment is your first court appearance 30 to 60 days following the DWI arrest. If you have a Minnesota DWI attorney and your charge is a misdemeanor, your appearance may not be required at this hearing. In misdemeanor level cases, you will be asked to enter a plea. When you enter a “guilty” plea, a sentence is imposed. When a “not guilty” plea is entered, your case is then set for a pre-trial conference.

Pre-trial Conference

This hearing is your next appearance in court after the arraignment, and a chance to update the judge of the progress of your DWI case. In this hearing, scheduling and discovery issues may be discussed and resolved. An offer of plea agreement (aka a plea bargain) may be proposed by the prosecutor. If you accept the plea agreement offer, the judge formally makes a record of your plea. If you have hired a Minnesota DWI lawyer, he/she discusses the case with the prosecutor and negotiates the best possible plea bargain. The case proceeds to trial if there’s no plea agreement reached.

Pre-trial Motions

In this hearing, the filed defense motions are discussed. Your DWI attorney may file a motion to suppress some evidence against you before the court, such as your test results or any violation of your constitutional rights. If the court grants the motion, the suppressed evidence can’t be used against you at the trial of your DWI case. The prosecutor may also offer a plea agreement after a successful motion hearing.

Trial

Most DWI cases are usually resolved before the trial. If the case proceeds to trial, you may be tried before a judge, or before a six-member jury in a misdemeanor or gross misdemeanor case, or before twelve jurors for a felony case. During the trial, the prosecutor and the defense will render opening arguments. The burden of proving your guilt beyond reasonable doubt lies on the prosecutor by presenting evidence and calling witnesses against you, that your attorney can cross-examine. Both the prosecutor and the defense will give closing arguments. The judge will instruct the jury to get into the jury room for deliberation. If the verdict is not guilty, the charges against you are dismissed. If a guilty verdict is reached, sentencing will follow.

Sentencing

Your appearance during the sentencing is required. A sentence is imposed by the court after a DWI conviction or after a plea bargain is accepted and entered. Sentencing may include fines, jail time and other conditions of probation. An experienced DWI attorney can negotiate an alternative to jail time such as house arrest, electronic home monitoring, alcohol classes or community work services.

Appeal

In Minnesota, you can file an appeal when you’re found guilty for a DWI charge. A timely filing of the appeal is crucial, because failure to file an appeal in due time is considered by the court as a waiver of the right to appeal.

When charged with DWI in Minnesota

You may be required to have many possible court appearances when you’re charged with DWI in Minnesota, and having a good defense of your case is essential. Your case has more chances of achieving a favorable resolution if you have an experienced Minnesota DWI attorney on your side right from the start.

Tags: arraignment, DWI Court Process, DWI custody, dwi trial, Minnesota DWI Court, plea bargain, pre-trial motion
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Minnesota DWI Field Sobriety Test Reliability

Sunday, January 15th, 2012

The field sobriety test in Minnesota or in any other part of the United States is one of the most controversial aspects of a DWI stop. The National Highway Traffic Safety Administration (NHTSA) developed a model system and published several training manuals for administering Standardized Field Sobriety Tests (SFSTs). These tests are known as “divided attention tests” to determine the driver’s ability to perform mental and physical multitasking which is deemed a requirement for safe driving.

A police officer asks a person suspected for driving while impaired to submit to one or more SFSTs. The tests are conducted to help determine whether there is probable cause for a DWI arrest. If the person fails one ore more of the SFST tests often a DWI arrest is made. An individual who refuses to perform a SFST is usually simply arrested and must later submit to breath, urine or blood test.

Popular Minnesota Field Sobriety Tests

Below are some of the more popular Field Sobriety Tests used by Minnesota law enforcement.

Horizontal Gaze Nystagmus Test – Nystagmus refers to the jerking of an eyeball as it follows an introduced object. The administering officer observes the angle at which your eye starts to jerk while you keep your head still. A pencil or the officer’s finger, which should be 12-15 inches away from you, may be used as the object to follow with your eyes while your head isn’t moving. It is believed that if the eyeball jerks before 45 degrees, the driver’s BAC is 0.05.

Walk and Turn Test – Because intoxicated drivers find it difficult to perform tasks and listen to instructions simultaneously, this test requires you to do heel-to-toe movements on a dry, hard surface while following the officer’s instructions at the same time. During the test if the officer finds two or more signs (out of a possible 8 the officers are trained to look for) then you’re believed to have over 0.08 BAC level in your system. According to NHTSA, this test is 68% accurate.

One Leg Stand Test – In this test, the officer instructs you to perform a task while demonstrating the instructions to you. The officer also tells you not to start performing the test until you’re told to do so. To start the test, you have to stand with both heels together while your arms are down the sides. You are them asked to stand on one leg of your choice while holding your other foot out front approximately 6 inches off the ground for 30 seconds. If you struggle in this position, the officer assumes that your BAC is over 0.08. Based on NHTSA study, this test is 65% accurate.

Alternative Not Scientifically Validated Tests

Modified-position-of-attention test
Finger-to-nose test
Reciting part of the alphabet
Finger count test
Counting numbers backwards test

Do Field Sobriety Tests Really Measure Impaired Driving?

The NHTSA standardized the field sobriety tests to ensure that police officers use scientifically-backed tests… but the FSTs become faulty when officers fail to properly conduct the tests, which is sometimes the case. The results of the tests also become worthless when the strict criteria of the NHTSA are not met during the administration of the tests. If any of the tests are improperly administered, then the validity of the FSTs is compromised.

Based on the manual published by the NHTSA, field sobriety tests are valid only when:

The tests are administered in the prescribed and standardized manner;
The proper clues are used to assess the driver’s performance; and
The standardized criteria are employed to interpret the performance

If DWI Tests Were Properly Administered, is Failing the Tests an Indication of Impaired Driving?

Even when FSTs were correctly administered, failing the tests doesn’t necessarily indicate a person is guilty of impaired driving. Minnesota DWI lawyers know the assumption that a person with no alcohol in his/her system is coordinated enough to pass the tests is faulty. This is because there are several factors that can cause even a sober individual to become uncoordinated which include:

Illnesses
Stress
Fear of a police officer
Confusion
Fatigue
Age
Weight
Prescribed medication

Best Steps to Take When Charged with DWI in Minnesota

The nuances surrounding Field Sobriety Tests are complex and best left to an experienced Minnesota criminal defense attorney who focuses his or her practice on DWI defense. An individuals performance on field sobriety testing is the foundation for a police officer’s determination whether there exists probable cause for an arrest. Therefore, it is one of the first things a skilled attorney will review in determining if the arrest was lawful.

Tags: Field Sobriety Tests, FST, NHTSA, SFST, Sobriety Test, Standardized Field Sobriety Tests
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A Closer Look at December Minnesota DWI Arrest Numbers

Monday, January 9th, 2012

According to a recent Minnesota Department of Public Safety press release, preliminary reports showed that there were 823 DWI offenders arrested by 191 law enforcement agencies in the first 11 days of the statewide December DWI enforcement campaign.

While the legal blood alcohol concentration in Minnesota is 0.08, many divers arrested for driving while impaired registered 0.30 blood alcohol concentration or higher. The DWI arrests numbers include the arrests made by the County Sheriff offices of Dakota, Martin, Olmsted, Goodhue and south St. Louis, State Patrol St. Cloud district and the police departments of Robbins dale, Bloomington and St. Cloud.

The increased patrols were a part of Minnesota’s main traffic safety initiative called Toward Zero Deaths (TZD) and continued until New Year’s Eve. Nearly 400 law enforcement agencies put in around 8,500 extra hours to conduct patrols throughout the state.

Past December DWI Arrest Numbers

During December in 2008-2010 in Minnesota, there were 8,503 DWI arrests. Alcohol- related crashes resulted in 34 traffic deaths. In the last 5 years, Minnesota has a recorded an average of 170 traffic deaths each year related to drunk driving. This accounts to one-third of the total number of yearly road deaths of the entire state. The good news though the DPS reports that road deaths and crashes have declined in recent years. The DPS also added that the enhanced DWI campaigns have a lot to do with the continuous trend of decreasing alcohol related traffic deaths in Minnesota.

2010 Still Holds the Lowest Number of DWI Arrests

The lowest alcohol-related traffic deaths in Minnesota on record is in 2010 with only 131 deaths, which showed a significant decrease of 21% from 5 years ago. Even then, the fact that 791 were killed in alcohol-related crashes from 2006 to 2010 clearly suggests that drunk driving is still too big of a factor when it comes to road deaths in the entire state. There are approx 30,000 DWI arrests in Minnesota each year, with a ratio of one out of seven drivers having a DWI on record.

DWI Arrest Consequences

Depending on the drunk driver’s past DWI arrests on record and aggravating factors, a DWI arrest can result in suspension or revocation of license, heightened insurance rates, thousands in DWI fines and legal costs, and a possible jail time.

According to Minnesota mandatory penalties and sentences, a person arrested for DWI the first time can be charged with fourth degree DWI or misdemeanor which carries a fine of up to $1,000 and/or up to 90 days of imprisonment and successfully completing a chemical assessment.

A drunk driver charged with second or third degree DWI or gross misdemeanor can face up to $3,000 fine and/or up to 1 year of jail time.

An impaired driver charged with first degree DWI or felony may face up to $14,000 of fine and/or up to 7 years of jail time.

The factors affecting the sentencing of a DWI case are the aggravating circumstances, the level of a DWI charge, and how the appointed or private DWI defense attorney handled your case. Often, a DWI lawyer can often argue on the behalf of the accused for options other than jail such as sentence-to-service community work, staggered sentencing or electronic home monitoring.

Stronger Sanctions

Due to stronger sanctions implemented by Minnesota DWI laws, individuals arrested for DWI the first time with a BAC of 0.16 or higher, as well as repeat DWI offenders, may face even more severe sentencing. These DWI offenders must install an ignition interlock device in their vehicles for at least a year and must pay for the installation and monthly fees of using the device. Otherwise, they will lose their driving privileges for at least a year. The device will ensure that the driver is able to drive legally and safely by providing a breath sample free from alcohol in order for the vehicle’s engine to start.

Tags: DWI arrest numbers, Minnesota DWI. Christmas, New Years, Towards Zero Deaths
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Probable Cause and DWI Arrest Explained

Monday, January 2nd, 2012

Probable cause refers to evidence or facts that would make a reasonable person believe that a crime has been, is being, or will be committed. It is based on factual evidence, not simply on suspicion.

Probable cause to arrest a DWI offender is not the same as arresting a person on reasonable suspicion to detain him/her for the purpose of investigation. When arresting a drunk driver, there are more factors required for the arrest to rise to the level of probable cause. The officer’s initial observation of a driver’s unusual driving behavior is not enough, although it often suffices to establish reasonable suspicion for the traffic stop.

Probable Cause Must Exist To Justify An Arrest

In order for a judge to issue a warrant of arrest or a search warrant, there must be probable cause that a crime took place and that the accused person has committed or was involved in the criminal activity. In case of a warrantless arrest (as is the case with a DWI arrest) the arrest must meet the standard of probable cause so it can be admissible in court.

Sometimes a Minnesota DWI defense Lawyer can establish that the officer that arrested his client for DWI didn’t have probable cause. In such cases, the DWI attorney presents his case to the trial judge, who will weigh the evidence to come up with a decision. The judge requires specific evidence, and not just conclusions from witnesses. A case that lacks specific evidence, more often than not, is dismissed by the trial judge.

How an Arresting Officer Establishes Probable Cause

In general, though not at all times, a police officer establishes probable cause to arrest a driver by:

observing the driver’s impaired driving behavior and establishes a reasonable suspicion of a DWI violation
stopping the vehicle and questioning the driver
administering a standardized field sobriety test (SFST)
administering a preliminary breath test (PBT)

What Happens During a Minnesota DWI Arrest

If reasonable suspicion and probable cause is established by a police officer, a DWI arrest will take place. If you’re arrested for DWI, the arresting officer must advise you of your right for an attorney and read your “implied consent rights” which informs you of your rights to refuse submitting yourself to a chemical test and the consequences resulting from your refusal.

The officer will then request an evidentiary chemical sample from you, whether through breath, urine or blood test to determine your blood alcohol content (BAC). If you refuse a certain type of test, you must be offered another type of test. It’s important to note that refusing a chemical test is a crime in Minnesota.

If you’re unconscious, then the consent is deemed not to have been withdrawn, and the chemical test can be administered. The officer determines whether a sample for the test is taken from your breath, blood or urine.

Minnesota Breath Tests

The two types of breath tests in Minnesota are the Preliminary Breath Test (PBT) and the Evidentiary Breath Test (EBT). The handheld PBT is only used at the scene before a DWI arrest. It’s not as reliable as the EBT and in general its sole results are not admissible in court. The PBT results help officers determine whether they have probable cause to arrest you or not. After the arrest, the EBT is taken at the station where the DataMaster EBT machine is. The results of the EBT are admissible in court. Refusal to submit to an evidentiary breath test is a misdemeanor criminal offense in Minnesota.

Reliability of Breath Tests

The results of the evidentiary breath test are used as evidence to prove your guilt. It’s important to know, however, that the results of the DWI breath test are not always perfect. There are certain human variables which may affect the results of the test such as diseases and the individual’s bodily compositions. The machine itself is also prone to maintenance and operator errors. This means that the machine can make you appear guilty of DWI even when you have not taken alcohol beverage or prohibited drugs. It can even make you appear innocent even if you are truly impaired. As a result of this, sometimes results of the breath tests can be challenged in court.

Challenging a DWI Arrest

To establish probable cause of a DWI arrest, there are many factors to consider from the time the vehicle is spotted (a car weaving without crossing a line can’t be stopped in Minnesota), up to the filing of the DWI case. There are sometimes flaws during the prosecutor’s presentation of the case in court. If the prosecutor is not able to establish a probable cause for a DWI arrest, the DWI charge can be dismissed. There are many flaws and mistakes that an experienced Minnesota DUI Lawyer is able to effectively challenge.

What to Do If You’re Arrested

If you or a loved one happens to be charged with a DUI related offense, you can greatly better your situation with the immediate help of an experienced DWI attorney. Douglas T. Kans has the know-how and ability to provide you with the best strategy in defense of your case. You can contact us at (952) 835-6314 for a free case review.

Tags: dwi arrest standardized field sobriety test, dwi offender, field, preliminary breath test, probable cause, reasonable suspicion
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DWI of a Controlled Substance/Drugs in Minnesota, DUI Laws & Consequences, Part II

Saturday, December 31st, 2011

In part one of this series, we discussed the basic facts for Driving Under the Influence of Drugs (DUID), including statistics and the types of drugs being used in DUID offenses. Now, in part two, we examine the criminal and civil laws and penalties for DUID.

Criminal Laws and Penalties

Controlled Substances

Controlled substances are drugs regulated, or controlled by, the government. At the federal level, the DEA enforces the Controlled Substances Act. At the state level, Minnesota law also lists controlled substances categorized by five schedules, which can be found by clicking here. This list includes illegal and prescription drugs, such as marijuana, cocaine, heroin, methamphetamines, amphetamines, morphine, codeine, peyote, and opium.

Regarding DUID, Minnesota criminal law prohibits driving, operating or simply just being in physical control of any motor vehicle while under the influence of a controlled substance. Drivers suspected of driving under the influence of a controlled substance are subject to a blood or urine test to detect the presence of controlled substances. Refusal to take a test is also a crime.

Schedule I & II Controlled Substances

Any amount of a Schedule I or II controlled substance or even a metabolite of said substance, other than marijuana or tetrahydrocannabinols triggers a DWI in Minnesota. This means that actual impairment is not a requirement for DWI. All that is necessary is that your blood or urine test comes back positive for a Schedule I or II controlled substance or even a metabolite, as long as it is not marijuana or tetrahydrocannabinols. Some examples of Schedule I and II controlled substances are cocaine, opium, and methylenedioxymethamphetamine (better known as MDMA or ecstasy).

Hazardous Substances

In Minnesota, it is also unlawful for a person to knowingly be “under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person as to substantially impair the person’s ability to drive or operate the motor vehicle”. Hazardous substances generally include prescription drugs and common household items used to get high. Similarly, those suspected of driving under the influence of a hazardous substance are subject to a blood or urine test to detect the substance. Refusal to take one of those tests is also a DWI.

Criminal Penalties

Criminally, driving under the influence of a controlled substance carries the same penalties as driving under the influence of alcohol. First-time offenders face a fourth degree DWI, which is a misdemeanor charge, including a maximum penalty of 90 days in jail and a $1,000 fine. A second driving under the influence of drugs offense within ten years is considered a third degree DWI, which is a gross misdemeanor that carries a maximum penalty of one year in jail and a $3,000 fine. A third driving while under the influence of drugs crime within ten years is a second degree DWI, which is also a gross misdemeanor. A fourth DUID offense within ten years is a felony, which includes a maximum penalty of seven years in prison and a $14,000 fine. A further breakdown of first to fourth degree DWI penalties can be found on our website by clicking here.

Civil Penalties

Unlike driving while under the influence of alcohol, there is not a blood alcohol content (BAC) associated with DUID that can impact the amount of time you will lose your license. DUIDs still, however, trigger a driver’s license revocation. The penalties are the same as DWI just without the BAC distinctions. Therefore, a DUID first-time offender will lose their license for 90 days; and a first-timer under the age of 21 will have a 180-day revocation period. A second-time offender will be subject to a one-year revocation period; a third-timer three years; a fourth-timer four years; and five DUIDs will trigger a six year loss of license. A further discussion of license revocations and suspensions can be found by clicking here.

As we continue to navigate the waters of driving under the influence of drugs/controlled substances, we will discuss litigating DUID cases in part three of this series. This will include a discussion about affirmative defenses, retesting blood and urine samples, and expert testimony. DUID is serious crime that experienced Minnesota Criminal Attorneys are trained to handle. If you would like a free consultation, please contact the Minnesota Criminal Defense Lawyers at the Kans Law Firm, LLC.

Tags: Controlled Substance, DWI in Minnesota, Minnesota Criminal Lawyer, Under the Influence of drugs
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Minnesota Felony First Degree DWI – A Case Study

Friday, December 23rd, 2011

According to Minnesota DWI law, an individual arrested for driving while impaired who had three prior DWI violations or alcohol-related driver’s license revocations within ten years of the present offense will be given a 1st degree DWI charge. An arrested driver convicted of first felony DWI can get up to 7 years in jail and a fine of up to $14,000.

So how could a DWI offender possibly get twice that penalty? - Simple he gets charged with 2 counts of first degree felony DWI. Below is a case study of just such a case and a closer look at First Degree DWI laws in the State of Minnesota.

A Case Study

According to a criminal complaint filed in Washington County on March 31, the Woodbury police arrested a 24-year-old man from White Bear Lake on Feb. 13. He was charged with two counts of felony First Degree DWI after he allegedly drove his car into a stationary cart coral near Woodbury tire department.

When Woodbury police officers arrived at the scene, the man was found using adhesive tape to cover up the extensive damage sustained to his vehicle due to the incident. The man walked toward the officers with his hands behind his back. The officers reportedly noticed he had poor balance, glassy and watery eyes and had slurred and slow speech. He then told the police he hadn’t been drinking since 1 am on that day.

A preliminary breath test was administered at the scene which showed that the man registered a blood alcohol concentration of 0.22, nearly thrice the Minnesota’s .08 legal driving limit. His blood sample analysis registered a BAC of 0.31 after he voluntarily submitted himself for a blood test at the Woodbury Police Department, just before he was transported to Regions Hospital.

The man’s driving history showed three previous DWI convictions which occurred in December 2005, August 2006 and June 2007. He was then arrested and charged with two counts of felony First Degree DWI. The recent arrest was registered in his driving record as his fourth DWI arrest within 10 years.

The arrested man was summoned to appear in Washington County court and will face a maximum sentence of 14 years in prison and up to $28,000 fine if convicted of the DWI charges.

Minnesota First Degree DWI Laws

The State of Minnesota practices stringent DWI laws. Any person arrested for driving while impaired will be given a First Degree DWI charge when the offender has:

Three prior DWI violations or alcohol-related revocations of driver’s license within 10 years of the present offense;
conviction of a prior Felony DWI;
Prior conviction of a felony charge related to criminal vehicular operation or a prior conviction related to criminal vehicular homicide;

An arrested driver convicted of 1st Felony DWI may be imprisoned for up to 7 years, and pay a fine of up to $14,000.

Frequency of DWI Offenses & Penalties

The number of DWI offenses a person has during a 10 year period will determine the degree of the DWI offense along with the penalty.

First DWI offense within 10 years - A jail term of up to 90 days, a maximum fine of $1,000, mandatory counseling classes, possible suspension of driver’s license for up to 90 days.

Second DWI offense within 10 years – A mandatory jail term of 30 days or a possible maximum jail time of up to one year, maximum fine of $3,000 and a possible driver’s license suspension for 180 days.

Third DWI offense within 10 years – A mandatory jail term of 90 days or up to 1 year, maximum fine of $3,000, and a possible driver’s license suspension for one year or cancellation of driving privileges for the reason of “inimical to public safety”.

Fourth DWI offense within 10 years - Considered as a felony DWI charge, the penalties of fourth DWI offense include a mandatory jail term of 180 days or up to 7 years, a maximum of $14,000 in fines and cancellation of all driving privileges.

Important Note: These DWI penalties may be increased in specific circumstances such as, if a passenger under the age of 16 was in the vehicle, or the blood alcohol content was above 0.20 during the incident.

Multiple Counts of DWI Related Charges

It’s possible that an arrested drunk driver be charged with multiple DWI-related violations, or multiple counts of charges following the arrest. Minnesota DWI laws allow multiple charges and view each count as an indication that an individual has possibly committed a particular violation. The charges are primarily used to determine the severity as well as the length of sentence, and to classify whether the committed crime is misdemeanor, gross misdemeanor or felony.

In a situation where you face separate, multiple or additional sentences of incarceration or some other punishment, an experienced Minnesota DWI attorney is capable of knowing if the law allows the sentences for such offenses to be served one after another or all at the same time.

The Proper Move to Make When Charged with any degree of DWI in Minnesota

If you’re charged with a DWI in Minnesota, regardless of its degree, you need to immediately contact Douglas T. Kans, an experienced criminal lawyer. He will fight for your rights and will do everything possible to protect you from the loss of your car, your license or your freedom as a result of a DWI charge. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case consultation and case review.

Tags: dwi charge, dwi penalties, First Degree DWI, Minnesota DWI Laws, multiple counts DWI, Washington county
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Minnesota Woman Not Driving Charged With DWI

Saturday, December 17th, 2011

What does it mean to be “in physical control” of a motor vehicle? Can a drunk passenger be charged with driving while impaired or DWI? Can an intoxicated individual be charged with DWI if the keys are in the ignition even when the car is not running?

The answers to these questions may surprise you.

A 22-year-old Minnesota woman will soon make her appearance in court on two counts of felony criminal vehicular operation which occurred last April.

This sounds like any other DWI offense. The major factor which makes this DWI case different from the others, however, is the fact that the woman was not driving a car when the DWI arrest took place.

The police reports say that the woman spent the night with friends at a bar to celebrate her birthday and was drunk. She got in the front passenger seat of a sober friend’s car and headed home along with two other passengers in the back seat.

As the group was traveling down the interstate, she reached over and grabbed the steering wheel. This caused the vehicle to veer to the side and strike the median on a freeway on interstate 94. A state trooper noticed the suspicious driving behavior and pulled over the car.

Upon further questioning, one of the passengers at the rear seat as well as the driver told the officer that the intoxicated front-seat passenger jerked the steering wheel which caused the car to crash. According to reports, the officer smelled alcohol inside the car and on the woman in the front seat (who also had slurred speech). She admitted she was intoxicated but she was not driving.

The results of chemical tests revealed that the driver of the car registered a legal blood alcohol concentration level of 0.025 while the 22-year-old woman in the passengers seat had a BAC level of 0.21, more than twice the Minnesota’s .08 legal driving limit.

When the officer arrested her for driving while impaired after reading her the advisory about her rights, she pointed out that she was not driving. She then made a request to talk to a Minnesota DWI Lawyer but she didn’t make a call.

The intoxicated woman charged with DWI was told by the trooper that she was actually in physical control of the vehicle when she yanked the steering wheel which caused the car to crash.

What exactly is the definition of “Driving While Impaired” or DWI?

According to Minnesota DWI Law, a DWI offense applies to an individual who is operating, driving or in physical control of a motor vehicle while under the influence of alcohol, a hazardous substance or a controlled substance; OR registers a blood alcohol concentration of over 0.08 as measured by a breath test, urine or blood test within two hours of being pulled over by an officer; OR has any amount of Schedule I or Schedule II controlled substance detected in the individual’s system.

Operating, driving or in physical control of a motor vehicle means that any person driving, and/or that has access to the vehicle’s ignition key (even if the car is not running) can be charged with DWI. As long as a person is positioned near the keys and can reach them to turn the vehicle’s engine on, he/she can be considered as in physical control of the vehicle.

What to Do If You’re Charged with DWI in Minnesota

As you can see DWI law in Minnesota is very complex. If you happen to be charged with DWI in Minnesota, you should immediately contact an experienced and well-trained Minneapolis DWI Lawyer to defend your DWI case.

Douglas T. Kans, a respected Twin Cities Criminal Lawyer, is always ready to provide you with comprehensive legal services for the best possible resolution of your DWI/DUI case. You may contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: DWI Offense, Felony. Criminal Vehicular Operation, MN DWI Law, Not Driving DWI
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Records Reveal almost 1 in 10 Residents Has a DWI Record

Saturday, December 10th, 2011

The Department of Public Safety recently released DWI statistics showing that one in ten residents of Kandiyohi County has a record of driving while impaired. The statistics released by the DPS were calculated using the number of DWI incidents divided by the estimated number of the entire population in 2010 conducted by U.S. Census Bureau (not just the number of people who know how to drive).

According to statistics, the average number of people with DWI incidents in the entire state is 10.5%. The Kandiyohi Country has a 10.8% DWI rate; 10.8% in Meeker County; 11% in Chippewa; 11.8% in Swift County; 12% in Yellow Medicine County and 12.8% in Renville County. The record show that 1 in 7 people in Minnesota have had DWI incidents.

Last year, 215 drunk drivers were arrested in Kandiyohi County. There were 136 people arrested with DWI in Renville County for driving while impaired; 119 drivers arrested in Yellow Medicine County, 94 arrests in Meeker County, 76 arrests in Chippewa County and 37 arrests in Swift County.

Records for the past four years show that the Willmar Police Department and the Office of the Kandiyohi Sheriff on average made a DWI arrest each hour of the day (although the actual arrest didn’t actually happen every hour). There is a much small number of daytime arrests of driving while impaired which stem from a combination of alcohol and drug use (including prescription drugs). The reported abused prescription drugs showing up during the arrests included anti-anxiety drugs, sleeping pills and sedatives.

In the six county region, 3 out of 13 road deaths in 2010 were alcohol-related. The road fatalities comprised of 4 in Meeker in which 2 were alcohol related; 3 in Swift; 3 in Renville; 2 in Chippewa in which 1 was alcohol-related; and 1 fatality in Kandiyohi County.

The total number of injury crashes recorded in the same region was 458 which includes 35 or 7.6% alcohol-related injury crashes. The number of injury crashes in Kandiyohi was 219 with 8 related to alcohol; 72 with 9 alcohol related crashes in Meeker; 63 with 6 in Renville; 34 with 4 in Yellow Medicine; and 21 with 3 alcohol-related crashes in Swift County.

According to law enforcement officials, the data they used included information from insurance companies. This data is intended to help them determine if the numbers of crashes would be lower if it measured fatal crashes just within 5 miles of towns and cities.

Regardless of the high DWI charge stats whether you’re a first-time DWI offender or a repeat offender, a DWI charge must always be taken very seriously. If you have been charged with DWI in the Twin Cities or any other city in Minnesota, you must contact a well-trained Minnesota DWI Lawyer right away to ensure your rights are properly defended. Respected Minneapolis/St.Paul Criminal Lawyer, Douglas T. Kans, is always ready to provide you with the best possible legal defense for the resolution of your DWI/DUI case. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: drunk driving, dwi numbers, dwi rates, dwi record, dwi stats, Kandiyohi County
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DUI of a Controlled Substance/Drugs in Minnesota, DWI Laws & Consequences, Part I

Thursday, December 8th, 2011

Drugged Driving, or Driving Under the Influence of Drugs (DUID), is just as widespread a problem as drunk driving is in Minnesota. In fact, DUID can be a much BIGGER problem than driving under the influence of alcohol. Drugs can affect a person’s perception, attention, balance, reaction time, and other abilities to drive a motor vehicle. Since driving under the influence of drugs is a broad topic, we decided to break it up into three parts. Part one outlines the facts surrounding drugged driving and the main types of drugs being used. Part two will detail the black letter of the law for DUID, including criminal and civil penalties. In conclusion, part three will discuss litigating DUID cases, including affirmative defenses, retesting blood and urine samples, and expert testimony.

Facts

The statistics for DUID are alarming. For weekend nighttime drivers, driving under the influence of drugs happens seven times more frequently than driving illegally under the influence of alcohol. Seven times more frequently than alcohol! One survey estimates that approximately 10.5 million people operated a motor vehicle under the influence of illicit (illegal) drugs in 2009. That is more than the entire population of New York City driving around under the influence of illicit drugs over a one year period. (Statistics taken from druggeddriving.org; mnsafedriving.com; and drugabuse.gov)

Also, one third of all drivers killed in a motor vehicle crash in 2009 tested positive for drugs according to a national study by the National Highway Transportation Safety Administration (NHTSA). Drivers seriously injured had marijuana present in their system 26.9% of the time, cocaine 11.6% of the time, and methamphetamines or amphetamines 5.6% of the time according to mnsafedriving.com.

Drugs

Marijuana, or tetrahydrocannabinol (THC), is the most frequent psychoactive substance, next to alcohol, present in a person’s body when either arrested for a driving offense or involved in a fatal car crash according to the NHTSA. In one study, approximately 13.5 % of adolescents reported driving under the influence of marijuana at least three times. Marijuana affects a person’s ability to pay attention, concentrate, and react to situations on the road. Additionally, being under the influence of both alcohol and marijuana has worse effects on driving than either drug on its own.

Generally, after exposure to marijuana, it takes at least four hours for THC to appear in a urine test according to the NHTSA. Urine tests detecting THC will generally indicate use within the past one to three days, but for more chronic users, THC can be present in a urine sample for more than five weeks.

Cocaine is a Schedule II controlled substance under Minnesota law. Approximately 8 to 23% of DUIs and car crashes include a driver with cocaine or metabolites in their system according to the NHTSA. While marijuana slows down a person’s cognitive functions, cocaine speeds them up, which is why aggressive driving behavior is a common occurrence for people testing positive for cocaine.

Urine test results may detect low doses of cocaine or its metabolites within a few hours of use and the substances may stay in a person’s system for two to four days according to the NHTSA. For chronic users, cocaine or its metabolites may be present in a urine test for up to ten days.

Methamphetamines and amphetamines are also Schedule II controlled substances under Minnesota law. Methamphetamines (meth) affect a person’s coordination, ability to pay attention, and can cause a person to be restless according to the NHTSA. Like cocaine, meth users are more prone to aggressive style driving as well as speeding and swerving. In low doses, amphetamines, including Adderall, Desoxyn, and Benzedrine may have few effects to a person’s cognitive functions. In higher doses, however, amphetamines are more likely to produce aggressive style driving behaviors similar to drivers under the influence of meth or cocaine. Urine test results usually detect methamphetamines and amphetamines within one to four days of use and up to a week for chronic users according to the NHTSA.

Hazardous Substances & Prescription Drugs

Hazardous substances are toxic, flammable, combustible, or other chemicals and substances regulated by OSHA that are not being used by qualified researchers or medical professionals according to Minnesota law. The availability of hazardous substances is vast and dangerous because many common household items can quickly become transferred into a substance used to get high.

Prescription drugs often come with warnings against driving a motor vehicle or heavy machinery. Prescription drugs without such warnings, however, can also cause impairment in drivers when those drugs are abused. Also, the mixture of prescription drugs can cause side effects that impair a person’s ability to drive. Researchers have had a difficult time finding concrete statistical data on the use of prescription drugs in drugged driving; because of the high use of prescription drugs whether it is with or without a prescription. For further reading on this topic, access Drugged Driving Research: A White Paper prepared by the National Institute on Drug Abuse.

In part two of this series, we will examine the laws, including criminal and civil penalties, involved in driving under the influence of drugs. DUID is serious crime that experienced Minnesota Criminal Lawyers are trained to handle. If you would like a free consultation, please contact a Minneapolis DWI Lawyer at the Kans Law Firm, LLC.

Tags: Controlled Substance, Driving Under the influence of drugs, DWI Drugs, Minnesota DUI
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Minnesota DWI Crackdown and Safety Reminders During December

Friday, December 2nd, 2011

As thousands of people hit the roads over December and the ensuing holidays, look for an increase in DWI patrols cracking down on drunk drivers from most local law enforcement agencies across Minnesota.

This statewide holiday DWI enforcement effort happens every year and is an effort to fight against the potentially deadly and dangerous period leading up to and around the Holiday season. Law enforcement officers will encourage motorists to make sure they make safe decisions and will identify and arrest individuals who will be driving while impaired.

As has been reported elsewhere, a great example of this increased enforcement effort can be found in Crow Wing County. In this county all law enforcement agencies actively participate in various enforcement projects which are backed by their own safety coalition called the Crow Wing County Passenger Safety Coalition.

This Minnesota DWI enforcement effort is a part of a federal traffic safety program dubbed as Towards Zero Deaths (TZD), a program funded by the National Highway Traffic Safety Administration. The goal of the program is to create a safe driving culture in Minnesota through safe and smart driving behavior (which recent stats show is gaining support). TZD is focusing on the application of education, enforcement, engineering and emergency trauma response.

With Christmas parties and other celebrations, December is always a deadly time on Minnesota roads. In 2008 to 2010 in Minnesota, there were 89 traffic fatalities during the month of December in which 24 of these deaths were due to drunk driving. The record shows that the Minnesota’s alcohol-related road fatalities’ average each year is 170 deaths (av of the last five years). This makes up for one third of annual traffic fatalities of the entire state.

The good news is number of road fatalities in recent years has been declining. In 2010, statistics showed 131 deaths due to drunk driving which is the lowest number on record. According to State Patrol, the road tragedies were prevented by enhanced enforcement campaigns. These campaigns decreased the alcohol-related fatalities while causing over 30,000 DWI arrests annually. The DWI ratio to date is one out of seven drivers in Minnesota has a DWI on record.

Ways To Avoid The Dangers of Drunk Driving

A State Patrol officer advised the public to avoid the consequences of driving while impaired and keep away from the high costs and personal grief caused by a DUI in Minnesota by simple planning. The dangers of driving drunk can be avoided when an individual designates a sober driver, takes public transportation or a cab, or spends the night at the celebration’s venue. Relatives must also be willing to offer a safe ride if necessary.

Sober motorists can also help avoid alcohol-related road accidents by calling 911 to report any suspicious driving behavior and include in their report the license plate and location.

Mandatory Penalties and Sentences for DWI

A first-time DWI charge carries a maximum fine of $1,000 and/or jail time of up to 90 days, which is equivalent to any potential misdemeanor statutory penalty. More stringent DWI sanctions will be imposed to drivers with BAC level of 0.16 or over. Stronger penalties are also waiting for repeat DWI offenders as stated in DWI Mandatory Penalties and Sentences.

What To Do If You Get a DWI in Minnesota

Celebrate the holidays safely by avoiding the deadly combination of drinking and driving. However, if you are charged with DWI in Minnesota, you can potentially escape from harsh sentencing with the help of an experienced Minnesota DWI attorney immediately. Douglas T. Kans is willing to provide you with comprehensive legal services for the best possible resolution of your DWI/DUI case. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: Crow Wing County, driving while impaired, drunk driving, Minnesota DWI, Towards Zero Deaths
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Snowmobiling While Intoxicated (SWI) in Minnesota

Wednesday, November 23rd, 2011

Snowmobile season is rapidly approaching here in Minnesota. In preparation, Minnesota riders are fine tuning their sleds and gearing up to hit over 22,000 miles of groomed trails our state has to offer. With more registered snowmobiles than any other state, snowmobiling is undoubtedly an immensely popular activity during Minnesota winters. While getting ready to ride the trails, it is also important to be aware of Minnesota’s laws regarding snowmobiling while intoxicated (SWI).

Criminal Penalties

Currently, Minnesota DNR is supporting “Zero Alcohol” consumption for snowmobilers. You still need a .08 blood alcohol content (BAC) to reach the legal limit for snowmobiling while intoxicated (SWI). But it is important to be aware that the DNR will be stepping up its enforcement of snowmobiling while intoxicated (SWI) in light of its Zero Alcohol coalition. This means more stops by law enforcement and likely more arrests to follow.

Minnesota law makes it a crime to operate, or be in physical control, of a snowmobile while under the influence of alcohol, a controlled substance, or a hazardous substance that impairs your ability to drive or operate a snowmobile. (Minn. Stat. § 169A.20 Subd. 1b). Refusing to submit to a blood, urine, or breath test is also a crime. If no aggravating factors (e.g. BAC over .20, a prior DWI within 10 years, and a child under 16 as a passenger) are present, then you will be facing a misdemeanor offense.

Misdemeanors carry a maximum penalty of 90 days in jail and/or a $1,000 fine. If one or two aggravating factors are present, then you will be charged with a gross misdemeanor. The maximum penalty for a gross misdemeanor DWI is 1 year in jail and/or a $3,000 fine. If three or more aggravating factors are present, then you are facing a felony. A Felony DWI is subject to a maximum sentence of 7 years in prison and/or a $14,000 fine. Not only will you face serious criminal penalties for SWI, you are subject to civil penalties as well.

Civil Penalties (Loss of Snowmobile
Privileges and Driver’s License Revocations)

If convicted of Snowmobiling While Intoxicated as a DWI, the state will take away your right to operate a snowmobile for one year. A first-time offender, with no prior DWIs, is not subject to license revocation sanctions or plate impoundment orders. A second offense or more within ten years, however, will make you subject to driver’s license and license plate sanctions. A skilled criminal defense attorney will know how to fight, and fight successfully, the revocations to your snowmobiling and driving privileges.

There is sure to be an abundance of riders snowmobiling on Minnesota’s trails this winter. Careful planning should also include a sober driver. But if you find yourself charged with Snowmobiling While Intoxicated (SWI), it is important to get help from an experienced DWI Lawyer in Minnesota. They will fight for your rights and can help you avoid costly criminal and civil penalties.

Tags: DWI, snowmobile while intoxicated
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More Minnesota Counties Adopt e-Charging System to Streamline DWI

Thursday, November 17th, 2011

To help streamline DWI enforcement efforts, more counties in Minnesota are considering adopting the e-charging system. This electronic system, which is currently used in Otter Tail County and most metro counties within the Twin Cities, will now soon be implemented in Wadena County. Other counties that will soon likely adopt the system are Todd, Douglas, and Morrison counties.

Wadena will soon be among Northern Minnesota’s first counties to install the system in its squad cars which will be linked directly to the courthouse. A meeting held on Oct.19 made the commissioners aware of the forthcoming system installation.

What is the e-Charging System?

The four part e-charging system facilitates the electronic processing of criminal complaints for individuals charged with driving while impaired, various citations, incident referrals, as well as DWI administrative forms. The e-charging system makes it possible for police departments and deputies of the county sheriff to forward DWI and other citations and traffic tickets electronically straight to the courthouse from their squad cars. The prosecutors have the capability to process warrants and summons electronically, and are able to easily submit complaints to the courts.

Through the e-charging system, the law enforcement records clerks can also refer DWI incidents to the offices of prosecutors for the purpose of preparing criminal complaints. In addition, this system makes the law enforcement officers capable of electronically submitting the necessary DWI paperwork for DWI stops to the state.

State wide goal

According to reports, most Minnesota counties are taking the initial steps to implement electronic complaints and e-ticket charging. In 2014, the e-charging system is expected to be used statewide. The electronic system aims to ultimately have a paperless judicial system in Minnesota by electronically transmitting data from police squad cars straight to county courthouses. In Wadena County alone, the paperless judicial system along with reduced staffing is estimated to save the county around $100,000 each year.

e-Charging System Implementation

Reports indicate that the hardware for the e-charging system is already installed in squad cars in Wadena County. The only remaining steps to take for the system to be fully functional is the purchase the software program, having the software installed and getting services in place for the maintenance of the system.

From a criminal defense attorney’s perspective, this new system seems to make a lot of sense. In the past, on occasion, my office has been forced to wait for police officers to submit their paper work (i.e. narrative statements of the incident) to their respective prosecutor’s offices prior to us being given access. It is our goal to obtain police reports on behalf of our clients as quickly as possible to allow us to review the report with our client when the incident is still fresh in their minds.

In addition, when an individual is arrested and held in jail without bail, quite often a Minnesota Criminal Lawyer is contacted to try to obtain their release. This requires contacting the prosecutor and judge to request bail being set or for the individual to be released on their own recognizance. It is imperative that Minnesota Criminal Attorneys , prosecutors and judges have all the information surrounding the incident from the police as quickly as possible in order for an informed decision to be made with regard to setting release conditions. My hope is that the e-charging system helps facilitate this as well.

Tags: driving while impaired, e-charging system, twin cities, wadena county
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Should Ignition Interlock Devices Be Installed In All DWI Cases?

Thursday, November 10th, 2011

Statistics show that in the USA approx one person is tragically killed on the road every 30 minutes due to drunk driving. Despite this alarming rate, alcohol-related accidents still occur.

The number of road deaths due to alcohol-related crashes has decreased recently, and the ignition interlock device has played a big part in reducing drunk driving fatalities. However, many argue it’s not playing a big enough part because only repeat DWI offenders with more severe alcohol problem and first-time DWI offenders with BAC level of 0.16 or higher are ordered by law to install the device in their vehicle. This means that first-time DWI offenders with BAC level below 0.16 are spared from using the device.

The majority of comments I read on a recent popular new story discussing the Ignition Interlock Device showed that most people want the ignition device installed in the vehicle of every DWI offender. This tells me that Minnesota residents are now more serious than ever about road safety and voicing stronger opinions on DWI related issues.

Ignition Interlock Device and Its Functions

An ignition interlock device is a breath screening device which prevents a vehicle’s engine from starting once a blood alcohol content level that’s over the legal limit is detected. The devise is installed inside the vehicle and is connected to the ignition system. The driver pays for the installation and monthly fees of the device.

The driver has to blow 1.5 liters of air into the handheld sensor which is most often located in the vehicle’s dashboard. If the BAC level registers above the legal limit, the ignition device won’t let the vehicle start. If the driver’s BAC level is low, the vehicle starts but the device conducts rolling or random tests to prevent the driver from having a sober person blow into the device.

There were 230,967 DWI cases from 2000 to 2007 in Minnesota and 1,746 fatalities due to alcohol-related road accidents. The ignition interlock device has been and will continue to be a great help in preventing people from combining drinking and driving.

Due to the effectiveness of the ignition interlock device, many Minnesotans have been hoping that this device will be installed not just in the vehicles of the repeat DWI offenders or of the drivers with more severe alcohol problems, but also in the vehicles of all first-time DWI offenders. People who admit to only occasionally drinking and driving dislike the idea though, due to the high fees and inconvenience of using an ignition interlock device.

Using an ignition interlock device is costly and very inconvenient, and the penalties involved in a DWI conviction are too high to take lightly. If you’re charged with DWI in Minnesota, you need to immediately contact a Minnesota DWI attorney for your defense. Douglas T. Kans is a respected and highly regarded Minnesota criminal defense attorney who specializes in DWI defense and can provide you with the comprehensive legal services you need in order to ensure the best possible resolution of your drunk driving case. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: charged with dwi, Ignition Interlock Device, repeat dwi
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Minnesota Ignition Interlock and Mandatory DWI Sentences

Wednesday, November 9th, 2011

Are you facing at least your second DWI charge within the past ten years? Do you want a lighter sentence? If you answer “yes” to both of those questions, then installing an ignition interlock device in your vehicle may be the answer for you. Not only will enrolling in the ignition interlock program allow repeat DWI offenders the ability to drive a motor vehicle a lot sooner, it also may allow them to avoid a mandatory jail sentence in certain instances.

Since July 1, 2011, Minnesota judges are no longer required to follow mandatory minimum sentences for people facing at least their second DWI charge within the past ten years, as long as the person is driving only a vehicle equipped with an ignition interlock device (See Minn. Stat. §169A.275, subdivision 7). This statute allows judges to sentence people to less or no jail time, less electronic home monitoring, and pronounce an overall lighter sentence. It is important to note, a judge is not required to depart from a mandatory minimum sentence if an individual installs an ignition interlock device, but it certainly gives the individual and their Minnesota Criminal Lawyer the ability to argue for a departure downward from an otherwise mandatory sentence.

Our firm has has a lot of recent success arguing for departures from an otherwise mandatory jail sentence for repeat DWI offenders. For example, one of our clients was recently charged with 3rd degree DWI and was subsequently facing a mandatory 30 day jail sentence or combination of jail and electronic home monitoring. However, we argued for a departure from the mandatory sentence based on her having the interlock device installed in her motor vehicle. The court was persuaded by our argument and our client was spared having to serve any of the otherwise 30 day mandatory sentence. We are experiencing similar success in other repeat offender cases as well.

Mandatory minimum sentences for repeat driving under the influence offenses have existed in Minnesota for several years now. As a MN Criminal Lawyer for almost 17 years, it is one the most frustrating issues I’ve had to deal with on a daily basis. Unfortunately, it has had the effect of allowing our legislature to take discretion away from Judges who are appointed or elected for that very reason… to have the ability to look at each case and defendant individually and use their discretion in handing down a just sentence.

Fortunately, with the ignition interlock program now becoming more prevalent across the State of Minnesota, DWI Lawyers now have the ability, in these cases, to ask the court to really look at the particular defendant and what he or she has done since their DUI arrest to help themselves and then formulate an appropriate sentence based on these factors.

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Should Minnesota Set Up TODD?

Wednesday, November 2nd, 2011

The Department of Transportation of North Dakota recently launched a new safety campaign to keep citizens of North Dakota from driving under the influence of alcohol. The Don’t Forget TODD, or “TO Designate a Driver”, campaign aims to reduce drunk driving cases.

To give options to those who drink, TODD makes use of various interactive media tools such as DUI enforcement alerts and “Safe Ride” texting. An intoxicated driver may simply text the name of his or her town to get contact information for a taxi.

TODD is accessible through a variety of internet social media such as Facebook, YouTube and Twitter. People can also sign up for email alerts to be informed of DUI enforcement. This interactive and social media concept focuses on informing, educating and helping individuals realize that there are alternatives to the deadly combination of drinking and driving.

The Don’t Forget TODD aims to remind an impaired individual to designate a driver or a sober friend to drive, or call a taxi to ensure a safe ride until he or she arrives at their destination. The official website of the campaign is http://www.dontforgettodd.com which contains safe driving tips, regional DUI efforts, information on cab businesses and various educational resources.

Setting up a similar TODD campaign in Minnesota would be a great idea to help reduce alcohol-related road accidents and the number of DWI cases. Minnesota drivers, particularly the younger population who drink, can benefit from the interactive and social media alerts of the campaign, while having the contact information of cab companies at their fingertips.

If you happen to be charged with DWI in Minnesota, Douglas T. Kans, a highly competent and respected Minnesota DUI lawyer, is ready to defend your rights and provide you with the aggressive defense you need in order to ensure the best possible resolution of your DUI/DWI case. You can contact Kans Law Firm at (952) 835-6314 for a free case review.

Tags: DWI, North Dakota, Safe Ride, TODD
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State Trooper Faces Third Degree DWI

Thursday, October 27th, 2011

When a new DWI client comes into our office for the first time, they are obviously usually very upset to find themselves in their current situation. One of the first things I tell them is that bad things happen to good people. A DWI offense is not an “intentional crime” or one that was intended. It is usually simply the result of just making a bad decision or rash judgement about one’s condition. Therefore, the crime of Driving Under the Influence of Alcohol is committed by a very broad range of people from various professions and social classes. The purpose of posting this story about the Minnesota State Trooper getting arrested for DWI is simply to illustrate this point.

Recently, a 30-year-old MN State Trooper arrested in Shorewood on suspicion of driving while impaired. According to reports, he currently faces two counts of gross misdemeanor DWI.

One report states that a police officers from South Lake Minnetonka Police Department (SLMPD) initially responded to a call of a hit-and-run property damage accident that occurred in St. Bonifacious. The reported car took off going east on Highway 7 and was spotted by the SLMPD officer in Shorewood. The damaged car was pulled over at around 11:30 pm in Highway 7 near Eureka Road.

The driver showed signs of driving while impaired and was subsequently arrested after he performed field sobriety tests. He was then identified by the arresting officer as a Minnesota State Trooper, and later consented to a urine test conducted at the SLPMPD headquarters. The result of the urine test is still pending, according to police.

The arrested trooper was off duty during his arrest and admitted to drinking alcohol after he was pulled over. According to police officers, the car he was driving was recently damaged.

The man was booked into the Hennepin County Adult Detention Center in Minneapolis and was released posting a bail of $3,000. He now faces one count of third degree DWI with an aggravating factor and one count of driving with BAC level above the legal limit.

What Is A Third Degree DWI?

Minnesota DWI law considers a third degree DWI a gross misdemeanor. This DWI violation level is charged if a driver has one prior DWI or license revocation related to alcohol within 10 years.

However, even if an arrested driver had no prior DWI charges, he or she can still be charge with a third degree offense if the DWI violation involves one aggravating factor present at the time the offense is committed.

A third degree DWI can also be charged to a drunken driver who refuses to submit to a chemical test such as urine, blood or breath test. Refusal to comply with a chemical test carries a maximum penalty of imprisonment for one year, and a fine of up to $3,000.

Regardless of your social status in Minnesota, you must take a DWI charge seriously. You need to immediately contact a highly-competent Minnesota DWI Lawyer as soon as you’re arrested for DWI. Douglas T. Kans, a top Minnesota DWI attorney, is ready to provide you with the best legal representation possible in order to ensure the best possible resolution of your drunk driving charge. You can contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: aggravating factor, gross misdemeanor, Hennepin County, Third Degree DWI
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Lake County Is Bucking The Lower Minnesota DWI Trend

Thursday, October 20th, 2011

While the number of DWI arrests is down in most Minnesota counties, recent figures revealed by the Minnesota Department of Public Safety revealed that incidents of driving while impaired in Lake County are up. In 2010, there were 72 drunk drivers arrested. The number almost doubled the 40 DWI incidents recorded in 2001 which was the lowest number of DWI arrests in the past 12 years. The 72 DWI arrests in Lake County include 46 first-time offenders and 7 violators with four or more DWI convictions.

The statewide record showed a drop of alcohol-related crash fatalities of 21% with 131 deaths in 2010, compared to 166 deaths in the past five years. In 2010, the number of alcohol-related deaths accounts to 32% of the 411 total traffic deaths.

Minnesota DWI Arrest Facts

There were 29,918 DWI arrests in 2010 with an average of 82 arrests a day. About a half of DWI arrests in 2010 happened in the metro area of Twin Cities and the 80 county area outside it. 72 arrests happened in Lake County. There were 32,756 DWI arrests statewide in 2009; 35,736 arrests in 2008; 38,635 arrests in 2007 and 41,842 arrests in 2006.

In 2006 to 2010, there were 791 alcohol-related death cases which consist of 166 deaths in 2006; 190 deaths in 2007; 163 deaths in 2008; 141 deaths 2009; and 131 deaths in 2010. The alcohol-related deaths averaged at 170 deaths yearly.

73% of DWI offenders are males.

42% of drivers arrested for DWI are aged 20 to 29, in which one out of 14 is under 21.

58% of the arrested drivers were first-time DWI offenders with average BAC level of 0.15. The remaining 42% were repeat offenders with average BAC level of 0.16.

49% of DWI arrests happened on Saturdays and Sundays.

75% of drunk drivers killed in car crash weren’t wearing seatbelts.

74% of DWI offenders were convicted for driving while impaired.

What Are The Mandatory Penalties and Sentences For DWI?

A first-time offender will be charged with fourth degree DWI carrying a potential penalty equivalent to any other misdemeanor charge, which has a fine of up to $1,000 and/or imprisonment of up to 90 days if convicted.

For second and third degree DWIs, a drunk driver faces a gross demeanor charge with a fine of up to $3,000 and/or up to 12 months of imprisonment when convicted.

A first degree DWI charge is considered as felony which carries a fine of up to $14,000 and/or up to 7 years of imprisonment when a DWI conviction is ruled out.

Enforcements of Programs and Tougher Sanction

Although the DWI incidents are higher in Lake County, the Department of Public Safety reported that the number of DWI arrests in the entire state of Minnesota continues to drop. This is because the state has enforced high-visibility and educational outreach programs while encouraging Minnesotans to use safe alternatives to prevent DWI.

In addition, a more stringent sanction has been enacted since July 1, which requires repeat DWI offenders and first-time offenders with 0.16 BAC level or over to install ignition interlock device on their vehicle for at least one year. DWI offenders who refuse to install the device will lose their driving privileges for at least one year.

Due to Minnesota’s stringent DWI laws, a DWI charge must be taken seriously. If you’re charged with DWI anywhere in Minnesota, you can potentially avoid severe sentencing by getting the help of an experienced Minnesota DWI attorney. Douglas T. Kans is willing to provide you with comprehensive legal services for the best possible resolution of your DWI/DUI case. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: dwi arrest, Lake County, Lake County DWI, Minnesota DWI
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Felony First Degree DWI – A Minnesota Case Study

Wednesday, October 12th, 2011

There are four degrees of DWI in Minnesota DWI law. While the second to fourth degree DWI cases are considered either a misdemeanor or gross misdemeanor, a First Degree DWI is considered by the law as a felony offense and is the most serious of all DWI cases. A felony DWI charge carries a maximum penalty of a $14,000 fine and seven years of jail time.

Example Case Study

A 29-year-old Lakeville woman was recently arrested and is now facing two felony charges of first degree DWI.

The woman’s car was spotted by a Lakeville police officer on routine patrol. The car, southbound on Holt Avenue, was seen drifting to the right and nearly hitting the curb.

The police officer reported that the woman didn’t stop her car for a stop sign at Holt and 207^th Street West intersection. When the police officer stopped her, he noticed that she wasn’t able to react to the emergency lights immediately, but eventually pulled over into a parking lot.

The woman appeared to be intoxicated and the inside of her car had an extremely strong smell of alcohol beverage. She had bloodshot, watery eyes and severely slurred speech. She admitted of consuming plenty of alcohol when she was interrogated and that she didn’t have her car insured.

The police officer conducted three standard field sobriety tests on the woman, all of which registered a fail. After checking her driver’s license, the officer learned that she had a B Card restriction, although it was valid.

Minnesota First Degree DWI Laws

According to Minnesota DWI laws, any driver with a driver’s license cancelled due to a violation of driving while impaired for the third time within the period of 10 years, or the fourth time throughout the offender’s lifetime, has the option to apply for a restricted B Card license.

This license can be granted if the driver has successfully completed a treatment program and has signed a sworn statement of abstinence from consuming alcohol beverages or any other controlled substance. However, this license can be invalidated if the driver violates the abstinence restriction or consumes alcohol even when not driving.

Case Study Continued

At the Dakota County Jail, she was then asked to take a breath test. Her blood alcohol content registered .26 which is three times the .08 legal driving limit. Her record revealed previous DWI convictions in 2004, 2007 and 2009.

A warrant of arrest was issued and the woman was arrested Thursday morning. She is now held in Dakota County Jail and has a court appearance scheduled in Dakota County District Court in Hastings for her felony First Degree DWI charge.

Who Can Be Charged With Felony First Degree DWI?

Any driver who had three previous violations of driving while impaired or had his or her driver’s license revoked due to alcohol-related offenses within ten years will be charged with First Degree DWI.

Another ground for a driver to be charged with First Degree DWI is when he or she had a previous conviction of Felony DWI in the past. Also, an individual can be charged with First Degree DWI if he or she had previous conviction for a felony charge by being involved in a criminal vehicular operation or committing criminal vehicular homicide.

What Are The Penalties for a Felony First Degree DWI?

An individual convicted of Felony First Degree DWI will face imprisonment for up to seven years and will be required to pay a fine of up to $14,000.

A DWI charge must be taken seriously even if you’re a first-time offender. If you have been charged with DWI in Minnesota, you must contact a well-trained Twin Cities DWI Lawyer to defend your rights. Respected Minnesota Criminal Lawyer, Douglas T. Kans, is always ready to provide you with comprehensive legal services for the best possible resolution of your DWI/DUI case. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: Felony DWI, First Degree DWI, Minnesota DWI law, Minnesota DWI penalties
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Minnesota Late Summer DWI Crackdown Leads To Almost 18,000 Arrests

Wednesday, October 5th, 2011

More results are in… according to the Minnesota Office of Traffic Safety, the 18-day summer-end statewide DWI crackdown resulted in the arrest of 1,787 drunk drivers. The DWI (driving while intoxicated) offenders were arrested by 295 participating law enforcement agencies between Aug 19 and September 5, Labor Day.

During the stepped-up DWI enforcement effort, Minnesota State Patrol arrested 326 DWI offenders. The St. Paul police department reports 97 arrests in Twin Cities. The Roseville police made 34 arrests and the Bloomington police department was able to arrest 32 drunk drivers. Rochester police made 38 arrests, the Beltrami County sheriff arrested 22 drunk drivers and Duluth police also made 22 arrests.

A DWI Conviction Can Really Hurt Your Wallet

Getting charged with DWI can certainly cause hassle and humiliation. To make things worse, a DWI conviction carries very expensive consequences and calculating the total costs related to a DWI conviction is enough to make some would be drunk drivers sober up. So before deciding to drink and drive, people should strongly consider the financial consequences of a DWI conviction.

Even if the arrested drunken driver didn’t hurt anybody, they can still spend upwards of $10,000 when you consider bail, insurance, penalties and other hidden costs. The expenses can even be doubled or tripled in certain cases.

High Costs of DWI Conviction is Intentional

The main purpose of these expensive DWI penalties and associated costs is simply to prevent people from drinking and driving. According to National Highway Traffic Safety Administration, alcohol-related vehicular crash fatalities contributed to 32% of the 10,839 road deaths in U.S in 2009. During that year, an average of one drunk driver was killed in car crash every 48 minutes.

The high percentage of alcohol-related fatalities to the overall number of road deaths has caused the states to perform serious DWI crackdowns like the one we just had in Minnesota. The FBI reports that that the implementation of a lowered BAC limit and serious DWI enforcement resulted in the arrest over 1.4 million DWI offenders in 2009.

The bottom line is a DWI conviction can cost you a great amount of money and freedom, and nobody wants to be in this situation. If you’re charged with DWI in Minnesota, you should immediately contact an experienced Minnesota DWI Lawyer who will defend your rights. Douglas T. Kans, a top Minnesota DWI attorney, is ready to provide you with the best legal representation possible in order to ensure the best possible resolution of your drunk driving charge. You can contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: dwi arrest, dwi conviction, DWI Costs, dwi stats, Minnesota DWI, Minnesota DWI penalties
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