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Minnesota DWI Related Fatalities Are Down

Wednesday, September 28th, 2011

Figures of Minnesota’s alcohol-related fatalities last year were released earlier in September. The tally revealed that 2010 held the lowest number of crash deaths on record in Minnesota which were related to drunk driving. Five years ago, alcohol caused the death of 166 motorists on Minnesota roads. Last year showed a drop of 21%, which lowered the count of deaths down to 131.

According to the DPS, the decline in the number of fatalities related to alcohol is caused by safer driver decisions, enhanced enforcement and education campaigns and encouragement of safe alternatives. This combination of programs made a big impact on increased enforcement awareness. The Minnesota DWI court’s support of these and other programs to battle against impaired driving also obtained positive results in establishing long-term change of behavior.

The record shows that 791 people died in alcohol-related crashes from 2006 to 2010 with an average of 170 fatalities yearly. In 2006, the number of deaths was 166, 190 deaths in 2007, 163 deaths in 2008, 141 deaths in 2009 and 131 deaths in 2010.

During this 5-year period, there were 178,887 DWI arrests in Minnesota. Although the recent years showed progress through fewer alcohol-related fatalities, they still accounted for 32% of the total 411 traffic deaths.

Tougher DWI sanctions imposed against repeat DWI offenders which took effect July 1 is a new initiative to further reduce impaired driving. The new sanctions require certain offenders to install an interlock ignition device for a minimum of one year. Should offenders choose not to install the device in their vehicles, their driving privileges are suspended for one year.

The interlock ignition device requires the driver to breathe into a breath testing device for the vehicle’s engine to start. The level of blood alcohol content of the driver is then measured by the device through the provided breath sample.

If you’ve been charged with DWI in Minnesota, your best first move is to contact an experienced and respected DUI Attorney who will defend your DWI case. Douglas T. Kans, a top DUI Lawyer in Minneapolis , will 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: drunken driver, dwi deaths, DWI Fatalities, DWI Fatality, Minnesota DWI
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Professional Hockey Player Faces Minnesota BWI Related Charges Even Though His Blood Alcohol Level Was Below Legal Limit

Wednesday, September 21st, 2011

It seems an interesting BWI case has developed involving a well know professional hockey player.

Criminal charges have been filed against Minnesota native Dustin Byfuglien, Winnipeg Jets defenseman, following his refusal to provide urine sample after being pulled over while aboard his boat.

Before he was asked to take the urine test, 26-year old Byfuglien willfully took and passed the preliminary Breathalyzer test with a registered alcohol content level of .03 which is below the .08 legal limit in Minnesota.

Report says that Hennepin County sheriffs pulled over Byfuglien and his three passengers on Aug. 31 at 8:15 pm because the navigational lights of Byfuglien’s boat were not on. Police conducted a routine inspection of the boat and asked the Winnipeg Jets’ defenseman if he had been drinking, to which Byfuglien admitted of consuming one drink.

After the preliminary Breath Test was administered, which Byfuglien passed, the sheriff’s department asked for his urine sample but Byfuglien refused to provide it.

Under the Minnesota state law, it’s considered a gross misdemeanor if an individual believed to be driving while impaired (or boating), refuses to submit to an evidentiary chemical test of his or her breath, blood or urine. In the case of Byfuglien, it’s “boating while intoxicated.”

As established by Minnesota criminal law, refusal to comply with a chemical test is an aggravating factor which can lead to a maximum jail time of one year and a maximum fine of $3,000.

These potential penalties imposed against Byfuglien would not be so severe if he had complied with the urine test request, even if it resulted in a reading of .08 BAC or higher.

Byfuglien was held in a local police station and was released after about three hours. He was reported to be cooperative although wondering why a secondary chemical test was insisted by the police officers despite the results of his preliminary breath test.

Even Byfuglien’s DWI attorney wasn’t sure of the reason why police arrested his client. Byfuglien mistakenly believed that not submitting to the urine test was the most sensible move to make under the circumstances so he refused to take the urine test, the attorney added.

To obtain a criminal conviction for the crime of Refusal, the state does not need to prove that the defendant was, in fact, under the influence of alcohol, but only that the officer’s had probable cause to believe he was under the influence of alcohol and the defendant, after his implied consent rights and right to counsel were vindicated, refused to submit to an evidentiary chemical test.

Boating while intoxicated must be avoided to ensure everyone’s safety. Furthermore, refusal to submit to chemical test carries potentially severe consequences which immediately need legal action by an experienced DWI and BWI attorney.

If you’re charged with DWI or BWI, Douglas T. Kans, a top Minnesota DUI lawyer, is ready to defend your rights and provide you with the comprehensive legal services that you need in order to ensure the best possible resolution of your case. You can contact Kans Law Firm anytime at (888) 972-6060 for a free case review.

Tags: boating while intoxicated, BWI, dwi urine test, Gross Misdemeanor DWI, urine sample
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Will DWI Arrest Records be Included, if Minnesota Joins N-DEx National Law Enforcement Database?

Wednesday, September 14th, 2011

Minnesota is considering joining the Law Enforcement National Data Exchange (N-DEx). The FBI, several other law enforcement organizations and police agencies had a meeting on Aug 12 to share information about N-DEx. The FBI presented N-Dex to the Minnesota Criminal & Juvenile Justice Information Task Force. The task force will make appropriate recommendations to Criminal & Juvenile Justice Information Policy Group of Minnesota, which will in turn recommend to Minnesota lawmakers whether to participate in N-DEx or not.

Even though the state of Minnesota has not decided to join in N-DEx yet, Minnesota police authorities have been gathering information about the system. During the meeting, there were some questions asked which were satisfactorily answered by Jay Summers, the Minnesota FBI liaison.

What Is Law Enforcement N-DEx?

Law Enforcement National Data Exchange or N-DEx is a national database system which allows federal, state, and local law enforcement agencies nationwide to have information sharing on the criminal justice information they currently collected. According to the N-DEx brochure provided by FBI, the Law Enforcement N-DEx works by bringing together reports on cases and incidents.

What Information Is Shared in N-DEx?

N-DEx shares information of records of criminal cases and incidents, data of bookings and incarcerations, and data of paroles or probations from Law Enforcement Agencies throughout the United States. Law Enforcement N-DEx may even include information or data about juveniles or crime victims. Law Enforcement Agencies (LEAs) will be able to detect the relationships between places, people, things and characteristics of crimes. The database also detects link information across different jurisdictions and it provides contact information between various Law Enforcement Agencies which work on cases of mutual interest.

What Organization Will Manage the N-DEx?

The Law Enforcement N-DEx will be managed by Law Enforcement Agency (LEA). The LEA will decide on what information will be shared in the database. LEA officers will have the authority to enter and delete information from the N-DEx database. The information will be subject to audit by the FBI and internal audits with the participation of LEA authorities. In case of FBI audits, every state participating in the process must assign a security administrator who can be a local administrator or a state level administrator.

What are The N-DEx Levels of Sharing?

There are three sharing levels for N-DEx. The information shared in Green Level allows all users to view the data. The information in Yellow Level is more moderated and controlled and users are allowed only to view a point of contact information. The information in Red Level is highly restricted and only certain authorized users are allowed to view the data.

How Many Participants Does N-DEx Currently Have?

There are currently 3,812 agencies participating in Law Enforcement N-DEx nationwide with overall existing records of more than 100 million. Texas is the biggest contributor with its 46 million shared records. The Washington DC metro is anticipated to participate soon along with Northwest region’s several states, and also Colorado. If Minnesota will decide to participate in N-DEx, it currently has 91,000 records to share.

Will Minnesota DWI Records Be Shared In N-DEx Database?

The information entered into the N-DEx database depends on what the authorized agency decides to enter into the system. Since Minnesota has not decided to join the N-DEx yet, it is not clear if Minnesota DWI case records and exactly what other Minnesota criminal case records will be entered into the system and be shared. Either LEA, or the Minnesota as a whole, can make the guidelines on what information is shared and what could not be shared.

The meeting which took place Friday was mostly informational. Minnesota Criminal & Juvenile Justice Information Task Force will be meeting again in October. They will eventually come up with a recommendation of whether or not to join in Law Enforcement N-DEx and submit their recommendation to the Criminal & Juvenile Justice Information Policy Group of Minnesota by December 1.

Untimely N-Dex will make it easier for authorities to make a case against those charged with a crime in Minnesota. So if you are ever charged you need to make sure you have a good Minnesota criminal defense attorney in your corner. Your best option is to contact Douglas T. Kans, a highly-experienced DWI and Criminal Attorney who is willing to provide you with comprehensive legal services for the best possible resolution of your DWI case. Feel free to contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: dwi charge, dwi record, Law Enforcement Agency, LEA, N-DEx
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Miranda Rights and Minnesota DWI Laws for Underage Drunken Drivers

Wednesday, September 7th, 2011

According to a recent U.S. Supreme Court ruling, police officers now need to consider the age of the child in order to determine whether or not to read then Miranda warning. The ruling aims to bring due process and balance between the rights of adults and children.

What is the Miranda Warning?

Miranda rights, also referred to as the Miranda warning, originated from Miranda v. Arizona . The reading of the Miranda warning was a result of a ruling implemented by United States Supreme Court in 1966 which aims to protect the rights of an arrested individual against self incrimination. The ruling states that the arresting police officer must give a Miranda warning to the arrested suspect. This warning indicates that the suspect is not required to talk to police and that anything they say to the officers can be used against them. It also states that they have the right to a criminal defense attorney, and if they can’t afford a criminal attorney, they will be provided with one by the court.

New Court Ruling for Underage Criminal Offenders

The US Supreme Court Justices ruled last month that the age and level of sophistication of an underage suspect must be evaluated by the questioning officers to determine if the Miranda warning needs to be given to them. The ruling addresses the issue of whether a different “reasonable person” standard should apply to underage suspects who may more often feel intimidated or bound to submit to officers questioning or not feel free to go even when an adult under similar circumstances would feel free to go or not be bound.

The new ruling serves as an additional children’s rights protection as the Supreme Court realizes that some underage suspects brought in for questioning don’t actually understand their full rights or may feel more easily intimidated than an adult .

Are Underage DWI Offenders Subject to Adult DWI Laws and Court?

Drivers of all ages in Minnesota are equally subject to the DWI laws of Minnesota. For any individual to be charged with DWI, any or a combination of the following circumstances must occur:

Evidence of driving while impaired
Breath test result of .08 or higher blood alcohol concentration
Presence of an illegal or controlled substance in the body within two hours of the time of driving
Controlling or operating a motor vehicle

However, for drunken drivers under the age of 21, additional laws are implemented. Although Minnesota DWI case offenders aged 16 to 17 years old are not subject for sentencing to adult incarceration facilities, they are under the jurisdiction of adult court.

Further Minnesota Underage Drinking Laws

According to Minnesota law, the following are prohibited for persons under the age of 21:

To take alcohol with no parental supervision or permission
To purchase or to attempt to purchase alcohol
To have alcohol in possession with the intent of consuming it
To misrepresent age with the intent of purchasing alcohol

What are the Penalties of an Underage DWI Charge?

A first time violation of Minnesota DWI laws is usually considered a DWI misdemeanor which may cause the offender to be subject to a $1,000.00 maximum fine and suspension of his/her drivers license. Most DWI violations result in the suspension of the offenders driver’s license. Furthermore, a driver’s license can be suspended for 90 days, if an underage offender presents a false driver’s license, Minnesota ID card or other false identification for purchasing or attempting to purchase alcohol.

Because DWI laws are complicated and constantly changing, underage DWI offenders should be represented by a DWI lawyer who has knowledge of the most current DWI laws and is able to effectively use these new laws to defend the rights of his underage clients. If you are under 21 years old or a parent of an underage drunken driver charged with DWI in Minnesota, you need to immediately contact Douglas T. Kans, an experienced Minnesota DWI attorney who is abreast of the current DWI law. He is willing to provide you or your underage child with comprehensive legal services for the best possible resolution of underage DWI/DUI case. You may contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: juvenile criminal defense, Minnesota DWI Laws, miranda rights, us supreme court
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Minnesota Is Switching From Intoxilyzer 5000EN to New DataMaster DMT Breath Testing Machines

Wednesday, August 31st, 2011

Minneapolis DWI lawyers continue to challenge the reliability of breath test results provided by Intoxilyzer 5000EN. In previous blog posts, we reported that 4,000 Minnesota drunk driving cases are put on hold until the completion of the appeal regarding Intoxilyzer 5000EN which is the focus of the legal challenge.

The state is phasing out 264 units of the Intoxilyzer 5000EN to switch to the DataMaster DMT device. The use of the new breath-testing machine will be implemented in the state of Minnesota within the next few months after the completion of training seminar on the new Datamaster DMT in Bloomington, MN in September.

The DataMaster DMT will be used by Minnesota authorities soon to test the blood alcohol content of an individual believed to be driving while impaired. The Data Master DMT is currently be used in several other States and in other countries around the world.

So how does the new DataMaster DMT work?

This breath testing instrument measures the level of alcohol by using the principle of infrared energy absorption. It uses the Grey-body infrared energy source along with a folded optical chamber for the sample, thermo-electrically cooled lead Selenide detector and optical filters with narrow bandwidth. DMT is acronym for DataMaster Portable. This DataMaster DMT electronically collects and stores data with significantly updated software.

The Data Master DMT has a fast, powerful computer processor with more storage capability for on-site electronic complaint entry with Windows-based touch screen graphics display and keyboard. It’s also equipped with a stand-alone laser printer.

Rather than entering information manually, this breath testing equipment has a card reader for drivers’ licenses so the operator can just swipe the licenses. Additionally, instead of utilizing modems, this instrument has internet capability.

Whatever computerized instrument is used to determine your blood alcohol content, its result can often be challenged by an experienced DWI attorney. If you’re charged with DWI, Douglas T. Kans, a Minnesota DUI lawyer, knows exactly how to challenge your breath testing result. To provide you with the comprehensive legal services that you need in order to ensure the best possible resolution of your drunk driving case, contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: blood alcohol level, Breath Testing Machine, Breathalyzer, Data Master DMT, Intoxilyzer
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4,000 Minnesota Drunk Driving Cases In Limbo – Full Explanation

Friday, August 26th, 2011

As we touched on in the last blog post and reported on back in a March in a blog post entitled “Judge rules on limitations of Intoxilyzer 5000 after challenge from Minneapolis DWI Attorneys” the high court of the state granted the motion by a coalition of Minnesota defense attorneys requesting each DWI case in the state of Minnesota remain on hold until the appeal regarding the Intoxilyzer 5000EN is complete.

The Intoxilyzer is used by police officers to determine the level of blood alcohol content of a driver believed to be driving while impaired. It uses sound-infrared spectroscopy in measuring the absorption of light of molecules in the air breathed out by a driver.

However, since the result of intoxilyzer is determined by a computer source code inside the intoxilyzer, many DWI attorneys believed that it creates discrepancies.

The motion puts over 4,000 cases of implied consent and DWI on hold while awaiting the issuance of final order by the Supreme Court of Minnesota on whether the results of the intoxilyzer tests are considered reliable.

The District Judge of Scott County, ruled in March that even though the controversial computer source code of the device can contain errors, these errors are not sufficient to affect the results’ accuracy. This ruling was created after Minneapolis DWI attorneys challenged the accuracy of intoxilyzer 5000.

The order of the District Judge consisting of 122 pages followed a legal battle of five years both in the state and the federal courts which involved attorneys of the 4,000 accused drunk drivers in Minnesota’s 69 counties. The order stops prosecutors and judges at the moment from pursuing the cases.

The DWI cases returned to their respective home districts after the ruling. Defense lawyers made their appeal to which the Supreme Court agreed for case hearing. There is no schedule on oral arguments before the Supreme Court yet.

The order states that the consolidation of these 4,000 cases before a single judge is for prevention of similar court battles as well as for inconsistency of ruling, and for preservation of resources. Chief Justice Lorie Gildea believes that putting the cases on hold serves the same purpose. Most Minnesota criminal lawyers are pleased with the ruling and consider that the order would cause DWI cases to inefficiently bounce through the system and drive up the cost of defense for their clients.

A total of 264 units of Intoxilyzer are phased out by the state to make way for Datamaster DMT machine. The new breath-testing device is due for release the next few months following the completion of training and testing at the state Bureau of Criminal Apprehension.

Stay tuned for a future blog post where we’ll take a more detailed look at the Datamaster DMT breath testing machine.

Regardless of what breath testing device is used to measure your blood alcohol level, a DWI charge must always be taken seriously. 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 Minnesota 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: DataMaster DMT, driving while impaired, drunk driving, Intoxilyzer, Minnesota DWI Defense
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Minnesota’s New Datamaster DMT Breath Test – Training being offered in Bloomington, MN

Thursday, August 18th, 2011

Out with the old… in with the new! So, it appears within the next few months a new breath testing device for blood alcohol concentration will start appearing in police departments throughout Minnesota.

The Datamaster DMT will take the place of the Intoxilyzer 5000EN – which is still the subject of current litigation. Just within the last few weeks, the Minnesota Supreme Court issued an order staying the District Court’s finding and order that the Intoxilyzer 5000EN results were, in essence, reliable.

This ruling by the Minnesota Supreme Court continues to place about 4,000 DWI cases across Minnesota on hold. Some of these cases are even years old. It appears now that Ramesy County District Court prematurely sent orders to DWI Attorneys across the state, with pending source code cases in that county, requiring their client’s source code cases to be brought back to court in light of the District Court’s earlier order. The Minnesota Supreme Court subsequently then stayed the underlying District Court order until it issues a ruling.

It has been brought to my attention that a training seminar for Minnesota’s New DataMaster DMT breath testing machine, to be implemented shortly here in the state, will be held in our building – Northland Plaza - 3800 American Boulevard West, Bloomington, MN on September 9,10 and 11th. Having looked at the brochure, it appears it’s going to be a very insighful event. I’m certainly hoping my schedule allows me to attend. The telephone number to register for the seminar is (608) 437-5344. It also appears to be less costly if you register prior to September 9th. If there is any DWI Lawyer that would like a copy of the brochure, feel free to contact my office and we can forward a copy. Otherwise, I’m sure a copy can be obtained by dialing the telephone number above.

Tags: Breath Testing, Breath Testing Machine, Breathalyzer, Datamaster
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Minnesota Grandmother Jailed Over Jar of Oil Mistaken for Heroin

Thursday, August 18th, 2011

Recently Canadian border guards jailed a 66-year-old widow and grandmother of 12 after they mistaken the motor oil in a jar for heroin at a Manitoba port of entry.

A retired administrative assistant for organizations, like Girl Scouts, drove from Warroad, Minn. to Sprague, Man., when guards questioned her. After searching her minivan, the border guards along with Canada Border Services Agency found a jar that contains brownish liquid.

Despite the claim of the woman that the jar contains motor oil, the border guards found traces of heroin in the dark liquid after conducting the cursory test. The senior was arrested and then headed to jail instead of heading to Canada. She was charged with possession of drug for trafficking purposes and importing controlled substance.

The Minnesota woman who wasn’t able to post a bail bond was locked up for 12 days at Winnipeg Remand Centre and was released after the liquid in the jar was proven not heroin during further testing.

She said after the release that it’s scary for her to be locked up without knowing if she would ever be released from jail. Canadian officials have not provided any explanation as to what happened and have not apologized to the woman.

The lawyer representing the woman stated that border guards could have waited for further lab tests to conclude whether there was in actual heroin in the oil and added that the test they conducted could only determine the absence or the presence of a substance and it wouldn’t indicate how much is the amount of the substance found. The lawyer refused to comment on the merits of the arrest until he’s able to examine the report of the border agency.

If you need a Minneapolis drug crimes lawyer you should contact Douglas T. Kans. Mr. Kans is a highly regarded Minneapolis criminal attorney who is ready to provide you with the comprehensive legal services that you need to ensure the best possible resolution of your drunken driving (or other criminal) case. You can contact Kans Law Firm at (952) 835-6314 for a free case review.

Tags: drug crimes, drug possession, heroin, minneapolis criminal attorney
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The Enhanceability of a Minnesota DWI Conviction – A Case Study

Thursday, August 11th, 2011

On this blog and within our websit we have covered what the enhanceability of a Minnesota DWI/DUI conviction means (Degrees of DWI Charges). In essence, if an individual is convicted or pleads guilty to a DWI in Minnesota, he or she is required to be advised by both the court and their attorney that a subsequent charge for DWI within a period of 10 years can be charged as a more serious level of DUI offense based on the current plea or conviction. Below is a case that best illustrates this point.

The Prior Lake Police recently arrested a 50-year-old man after receiving a call from Mystic Lake Casino security. Reports say that the casino security called the police to report a man who appeared to be intoxicated and was causing disturbance at the casino. The complaint caused the police to arrest the drunken man after he left the casino. Within just about eleven years, he got his fifth arrest for drunken driving.

After taking the Intoxilyzer test, it showed a blood alcohol content reading of 0.24 which is three times the 0.8 legal BAC limit. He was then arrested for first-degree DWI . His court records showed he has previous DWI convictions or alcohol related license revocations from May 2001 in Rice County and from September 2001, March 2003 and September 2007 in Dakota County. He was also convicted in Ramsey County of Driving After Cancellation in year 2004.

The District Court of Scott County charged him with four counts of DWI which include felony DWI of two counts, misdemeanor open-bottle offense, as well as gross misdemeanor in violation of terms of restricted driver’s license. The man is now in Scott County Jail custody on a bail of $80,000.

If you have a DWI charge, then you should contact an experienced and well-trained Minneapolis DWI Lawyer immediately to defend your DWI case. 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: dakota county, Felony DWI, Intoxilyzer, Minneapolis DWI Lawyer, Minnesota Criminal Lawyer
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Use of Faulty Breathalyzers in British Columbia Prompts Lawsuit and Government Action

Thursday, August 4th, 2011

Although not originating from Minnesota, this news story is a great example of how breathalyzers police use to measure your blood alcohol concentration are not always accurate. I always like refer to breath testing devices as a machine. As with all machines, such as your vacuum cleaner or your coffee pot, they break down.

A law firm in Vancouver recently alleged that officers issued fines using faulty breathalyzers in British Columbia and subsequently brought a lawsuit over the tough new DWI laws. The new legislation, which took effect in September 2010, allows police officers to issue an immediate roadside driver’s license suspension and other penalties for any driver found to have between a .05 and .08 blood alcohol concentration as calculated by a roadside breathalyzer tests. A reading within the above range would register a warning on the roadside test thereby resulting in sanctions for the driver.

In Minnesota, we refer to these tests as PBT tests or preliminary breath tests. Currently, most police officers in Minnesota are provided with PBT tests which register an actual digital reading of an individual’s alcohol concentration as opposed to simply a warning light. However, in Minnesota these tests are simply used as a form of a field sobriety test to help determine if the officer has probable cause to arrest a person for DWI. They are not admissable in a criminal trial as evidence of a driver’s actual blood alcohol concentration.

A total of 2,200 breathalyzers had been recalled in November of 2010 over concern that the roadside breathalyzer machines may have been miscalibrated, which resulted in faulty warning readings as well as unnecessary suspensions of driving licenses on roadsides. The government has subsequently adjusted these tests from an .05 to an .o6 to give the driver a margin of error. Personally speaking, this seems just silly to me. Does creating a margin of error for a “faulty” machine really make it more reliable?

The lawsuit being brought before the courts of B.C. allege that between September 20 and November 19, 2010, B.C. police officers were negligently administering roadside tests with breathalyzers that were erroneously calibrated. The case’s lead plaintiff is a heavy-equipment operator who registered a BAC level of 0.05 after taking the roadside breathalyzer test. Police officers immediately suspended his driving license. His car was also impounded and he was issued a fine.

The lead or main plaintiff seeks reimbursement for his fine costs and would like his driver’s license reinstated. If the lawsuit is successfully certified as a class-action suit, the drivers penalized during the time period in question will get the chance of having their improperly issued driving prohibitions overturned. They will also have the opportunity to receive reimbursement for fines previously paid and any possible expenses they incurred for vehicle impoundment.

According to the Vancouver Sun, it appears for now, the government is standing firm for those approximately 1200 or so drivers that blew a warn before the government recall. Their tickets will stand and the penalties will not be revoked.

We will be sure to keep track of this story as it continues to unfold.

If you’re charged with DWI in Minnesota, you need to immediately contact a Minnesota DWI Lawyer who will defend your rights. Douglas T. Kans is a DWI attorney who will provide you with comprehensive legal services that you need in order to ensure the best possible resolution of your drunk driving case. You can contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: Breathalyzer, class-action law suit, dwi laws, roadside breathalyzer test, vehicle impoundment
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Fewer University of Minnesota Area DWI Arrests

Thursday, July 28th, 2011

It has been reported that records at both the University of Minnesota Police Department and Minneapolis Police Department show that DUI charges around the campus have significantly reduced since the year 2003.

Minnesota Daily reports that 33 people have been arrested with driving under the influence of alcohol (DUI) in neighborhoods that surround the campus since the start of this year. Averaging at 6 DWI charges each month, the number of arrests is surprisingly low compared to the DWI arrests in the past two years which averaged at about 8 DWI monthly arrests, according to University Police Deputy Chief Chuck Miner.

Records reveal that the highest number of DWI arrests in areas surrounding Minnesota campus was in the year 2003 when 220 drunk driving offenders were arrested as reported by University police. The DWI arrests have significantly decreased each year since then.

According to Miner, most DWI offenders are individuals just passing through the Minnesota campus area and are not actually students from the campus. He also summarized that students are more likely to be charged with public alcohol consumption, since many are not driving , but rather walking to houses.

Sgt. Steve McCarthy of the Minneapolis Police Department believes that one likely reason there are fewer recently reported DWI or DUI arrests is that the Minneapolis police officers don’t patrol the area as much as the University police.

DWI charges are generally the result of drivers showing erratic driving behavior and subsequently being pulled over, says Miner. Although DWI offenders are not likely to get maximum sentence, a driver charged with DWI the first time may be sentenced with imprisonment of a maximum of 90 days and a fine of $1,000 for offense of misdemeanor if the offender complied with a BAC test and no other offenses were charged. An offender charged with DWI four times within a period of 10 years can be charged with a Felony or First Degree DWI and may face a fine of $14,000 and imprisonment of up to 7 years.

If you have been charged for DWI in the Twin Cities Minnesota, contacting a Minnesota Criminal Lawyer is your best option. Douglas T. Kans, an experienced Minneapolis DWI Attorney will provide you with comprehensive legal services that you need in order to ensure the best possible resolution of your DWI case. Feel free to contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: driving while impaired, drunk driving, dwi arrest, dwi charge, twin cities dwi
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How did the Minnesota government shut-down impact drivers?

Sunday, July 24th, 2011

As a DWI/Criminal Defense Attorney here in the Twin Cities for over 16 years, I was extremely happy to learn last week that the Minnesota State government shut-down had finally ended. It had created several problems for those who had recently been charged or convicted of a Minnesota DWI offense. This was exaggerated by the fact that the New Minnesota DUI Laws came into effect only within a few days of the shut-down.

First, for those drivers that had recently resolved their DWI criminal cases, just prior to the shut-down, and as result qualified for an administrative reduction in their driver’s license revocation periods, unfortunately were left having to continue serving a license revocaton periods that should have ended earlier. In addition, those who did receive the revocation reduction prior to the shut-down were still unable to get reinstated because they weren’t able to take the tests or pay the fees required for a full-reinstatement due to the testing centers being closed.

Second, as has been discussed on our site previously, the new dwi laws in Minnesota came into effect on July 1st, 2011. This will change the driver’s license landscape for most levels of DWI offenders. For example, those offenders now facing very lengthy license revocations are now able to enroll in the ignition interlock program to be able to drive a lot sooner than they otherwise would be allowed. However, with the shut-down, these drivers were unable to enroll in the program and take advantage of the driver’s license benefits.

In summarry, in light of the new laws in Minnesota regarding license revocations and the interlock program, the government shut-down seems to have added more chaos to the situation. Now with the government up and running, the questions with regard to the new laws and the it’s true impact will begin to be answered.

If you or someone you know has been charged with a DWI in Minnesota, it’s extremely important that they seek the advice of a skilled DWI/DUI Attorney. Our firm has been defending DWI cases in the State of Minnesota for well over 16 years. We are very attentive to our clients and can be reached for an initial free consultation at (952) 835-6314.

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Notre Dame WR Michael Floyd Gets One Year of Probation for DUI

Wednesday, July 20th, 2011

Michael Floyd, the suspended Notre Dame WR who led the Irish with 79 catches for 1,025 yards and 12 TDs last season, had his driving license suspended and was sentenced to probation for one year after pleading guilty to misdemeanor DWI. The 1-year jail sentence was suspended as a result of the plea agreement.

According to the South Bend Tribune, Floyd has not been allowed to drive for 90 days and was ordered to install in his vehicle an ignition interlock device for 6 months, if he wishes to drive again.

Floyd, 21 years old, was ordered to pay a fine of $200 and to attend a Victim Impact Panel which involves hearing from individuals whose family members have died in alcohol-related vehicular accidents. A Victim Impact Panel is also often ordered by judges in Minnesota for first time DWI offenders. He was arrested March 20 with a blood alcohol content of 0.19 %, more than double the legal limit for driving in Indiana.

After Floyd’s arrest, Coach Brian Kelly suspended him from playing football but allowed him to perform voluntary workouts with the Notre Dame team this summer with the supervision of the staff. Reports said that Floyd has performed over 32 hours of community service in Minnesota since heading home, although he was not ordered to.

If you’re charged with DWI in Minnesota, your best first move is to contact an experienced and respected Minnesota DUI Lawyer who will defend your DWI case. Douglas T. Kans is a DWI attorney who will 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: Minnesota drunk driving, Minnesota DWI, Minnesota Ignition Interlock, Misdemeanor DWI, probation for DUI
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Minnesota DWI Offenders Able To Get Driver’s License Back Sooner

Thursday, July 14th, 2011

As discussed in our earlier blogs, the new DWI law that went into effect July 1st has caused Minnesota drivers to face tougher DWI penalties, but it has also provided new options including an opportunity to immediately retrieve their license by utilizing a device that will prevent their vehicle from starting if their breath shows a certain blood alcohol level.

Repeat offenders or first-time DWI offenders with a BAC of .16 face longer periods of license revocation, but now have a chance to drive their vehicles sooner if they choose to install an ignition interlock device in their vehicles. Rather than facing long periods of revocation without the ability to drive even with a limited license or work permit, these individuals now have the option to pay for the installation of the device and also a monthly fee in order get their driving license back sooner.

After installing the interlock device, an individual ready to drive a vehicle must blow 1.5 liters of air into the handheld alcohol sensor usually placed in the dashboard. The device will not allow the vehicle start, if it detects a sufficient amount of alcohol. In addition to keeping the vehicle from starting, it will also conduct rolling or random tests after the vehicle has already started. This is apparrently designed to prevent a driver from allowing a sober person to blow into the device just to start the vehicle and to further prevent the driver from drinking while driving.

In summarry, the purpose of the interlock ignition device is to help monitor drinking and driving activities while promoting road safety that hopefully encourages changes in behavior. For those individuals charged with DWI that choose this option, it certainly will be an inconvenience, but not nearly as much as being without the ability to drive a motor vehicle on the roads of Minnesota for longer periods of time under the new laws.

Are you in need of a Minneapolis DUI lawyer? If so Douglas T. Kans is a highly regarded Minneapolis DWI attorney who will provide you with comprehensive legal services that you need to ensure the best possible resolution of your drunk driving case. You can contact Kans Law Firm at (952) 835-6314 for a free case review.

Tags: blood alcohol level, drunken driver, dwi penalties, license revocation, Minnesota DUI law, Minnesota Ignition Interlock
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8 Year Old Son Gets Mom Arrested For DWI

Wednesday, July 13th, 2011

An 8-year old boy knew that something was wrong with his mother who drove to pick his sister up at school. The mother from St. Paul, Tina Ramirez, 44, was arrested and charged with second-degree DWI on two counts after drinking half a pint of Vodka and driving with her son to pick up her daughter from Monroe Elementary School.

Police reports say she arrived at her daughter’s school with the boy who came in and told school officials that his mother was waiting in the car but “too drunk or high to drive.” Authorities said that the car key was taken from Ramirez by the school principal who then called the police.

According to the authorities, Ramirez “had a hard time speaking coherently and understanding what our officers were asking her,” and “she had some problems standing up. She was losing her balance.” Ramirez admitted she drank the vodka and was visibly intoxicated. She fell down after she stepped out of her car so the police officers were not able to perform the standard sobriety test.

After more than an hour, Ramirez took the breathalyzer test whose BAC registered .30 percent, which is almost four times than the .08 percent legal limit of blood alcohol content. She has no previous traffic tickets or DWI convictions, according to police, but the fact that she was trying to drive with young children in the vehicle was an aggravating factor that enhanced the current DWI charges. The father picked up the kids. Ramirez was sent to jail.

You need to immediately contact a DUI Attorney in Minnesota for your defense if you’re charged with DWI. 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: Blood Alcohol, drunk driving, dwi conviction, Minnesota DWI, st. paul, st. paul dwi
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Convicted of a Minnesota DWI? What You Should Know About Minnesota’s SR-22 Insurance Form

Thursday, July 7th, 2011

One of the possible consequences of a Minnesota DUI conviction is that you may be required to file an SR-22 insurance form before you can apply for the reinstatement of your suspended driver’s license and regain either full or limited driving privileges, depending on your situation.

As with all DWI related matters, it’s important to discuss this scenario with your Minnesota DWI lawyer and explore the options applicable for your specific situation. But for informational purposes, allow us to explain what exactly an SR-22 is, and why you might need it.

An SR-22 Affirms Your Financial Responsibility for Future Accidents

An SR-22 is an insurance certificate that may be required of individuals who were convicted of DWIs and other related crimes. The form is filed by your auto insurance provider and is meant to prove your financial responsibility through a sufficient and existing liability insurance policy you have with that provider.

If required, you are to maintain an SR-22 insurance policy for three years or longer, depending on the factors of your conviction.

There are three types of SR-22 forms that may apply:

An Operator’s Certificate for when do not own a vehicle
An Owner’s Certificate for vehicles you own
An Operators-Owners Certificate for owned and non-owned vehicles that you may use

Where to Get SR-22 Insurance Policy?

You can approach your auto insurance provider first, but they may not always specialize on SR-22s or charge higher premiums than others. And because you’re required to carry it for at least three years, it’s a good idea to find the lowest insurance rates you can find and save some money. Shop around and ask for quotes from state-authorized providers. There’s a good chance your Minnesota DWI attorney has some good recommendations as well.

When looking around, remember Minnesota’s minimum liability requirements or the 30/60/10 rule: $30,000 coverage for one person’s death or injury per accident; $60,00 for two or more people per accident; and, $10,000 coverage for property damage per accident.

Once you settle on an insurance agency, pay the processing fee and wait for the agency to send the proper request to the Minnesota Department of Public Safety (DPS) within 30 days. If your request is approved, you will receive the SR-22 form from the agency and a letter from the DPS stating the details of your SR-22.

Important: Never Let Your SR-22 to Lapse

Your insurance provider is required by law to immediately notify the DPS if your SR-22 coverage lapses, after which your license will be revoked and you will be required to repeat the SR-22 filing process all over again. I know of some cases where it only a took a single day of lapsed coverage for it to be reported and the license revoked. There are also instances where a re-filed SR-22 meant starting on the three-year minimum period all over again.

That’s a whole lot of money, time and effort down the drain, and there’s also the risk of getting a traffic stop before knowing about your suspended insurance and license and facing additional charges on top of everything else. Any DUI attorney in Minneapolis will advise you to stay on top of your premium payments at least two months in advance to avoid this from happening.

Final Words of Advice

If you have been convicted with a DWI, one of the most important discussions you’re going to have with your attorney is the SR-22 issue. To be sure, the process isn’t as simple as we would like, but you’ll soon find that it’s in your best interest to submit to it if you wish to regain your driving privileges as soon as possible.

Also, there will be significant changes to applying for license reinstatement after a DWI conviction given the July 1 enforcement of new DWI laws on the use of ignition interlock devices. If you haven’t already, read up on our comprehensive primer on the new Ignition Interlock Laws.

Charged with a DWI in Minnesota? Call the Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: dwi conviction, Minnesota DWI Laws, sr-22, SR-22 insurance form, sr22, suspended driver’s license
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New Minnesota Drinking and Driving TV Ads

Friday, July 1st, 2011

As reported in conjunction with the increase of DWI patrols this summer, a series of new TV ads will also be launching to bring awareness to the dangers of drinking and driving. The ads associate drinking terms with drinking and driving consequences.

In 2010, the deaths on Minnesota roads were reported and drunk driving plays a significant role in the fatalities that took place that year. Alcohol-related crashes caused 131 deaths and 2,485 injuries in Minnesota.

Reports say that DWI contributed to 32% of the auto fatalities. As for alcohol-related injuries, 24% were for severe injuries, 11% were moderate injuries and 11% were minor injuries. Although the overall numbers continue to drop, Minnesota authorities are not satisfied with it. Reports showed that the largest drop is actually in the number of drunk drivers who killed themselves on the road.

Statistics revealed that the biggest number of alcohol-related crashes occurred from midnight until 2 am as expected. However, the next biggest number of crashes took place at 10 am which indicates that some people who drank all night were still drunk as they drove at 10 am the next morning. It’s also confirmed that it’s not necessarily always safe to drive Sunday mornings.

If you happen to be charged with DWI, then you should contact a Minnesota Drunk Driving lawyer right away to defend your DWI case. Douglas T. Kans is a veteran DWI attorney who is always willing to give comprehensive legal services for the best possible resolution of your drunk driving case. You can contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: DWI Attorney, dwi patrols, dwi statistics, dwi tv ads, minnesota drinking and driving
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Minnesota Court of Appeals – Mobility Scooters Don’t Count for DWI

Saturday, June 25th, 2011

An Associated Press story from last week reports an interesting ruling by the Minnesota Court of Appeals. In a published opinion, the appeals court reversed a district court decision convicting a disabled man of a third-degree DWI for being intoxicated while driving a battery-operated mobility scooter.

But before we jump into the reasons for the ruling, let’s first look at the facts of the case.

In July 26, 2009 a man named James Anthony Brown, Jr. was found driving his battery-operated, three-wheel Legend Pride Mobility Scooter on the sidewalks near a Grand Rapids car dealership. Authorities were contacted due to the suspicion that Brown was intoxicated at the time. A breath test revealed that Brown had an alcohol concentration level of 0.17, or more than twice the legal limit of .08 in the state of Minnesota. In addition, it was revealed that he had a prior 2001 DWI conviction. As a result, Brown was charged and eventually convicted of a third-degree DWI, which is a gross misdemeanor.

The district court conviction was appealed, thus the Court of Appeals ruling on the case. The defense argued that Brown, being a physically disabled individual, uses the motorized scooter as a means of mobility and substitute for walking, and that his operation of it does not constitute driving a “motor vehicle” as defined by the Minnesota Statutes:

§169A.03, subd. 15 (2010) – “Motor vehicle” means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. The term includes motorboats in operation and off-road recreational vehicles, but does not include a vehicle moved solely by human power.

In deciding on the issue, the Court of Appeals emphasizes that “(w)ords and phrases in Minnesota’s statutes are interpreted according to their common meaning.” At the same time, neither will the court presume that the legislature intends “a result that is absurd, impossible of execution, or unreasonable” as expressed in Minn. Stat. § 645.17(1) (2010).

Given these two guiding considerations, the appeals court then looked at whether Brown’s motorized mobility scooter is a “motor vehicle” as it is defined above, and decided that:

“It is plain that for purposes of traffic regulations contained in Chapter 169, Brown’s scooter is a wheelchair and is not a motor vehicle, and Brown, who uses the scooter as a substitute for walking, is, while operating his scooter, a pedestrian.”

We should add that Section 169.011, subd. 93 (2008) of the Minnesota Statutes defines “wheelchair” to include “any manual or motorized wheelchair, scooter, tricycle, or similar device used by a disabled person as a substitute for walking.”

Two key things here: Brown is using a wheelchair and this makes him a pedestrian, even if a drunk one. Therefore, he should not have been convicted for driving a motor vehicle while intoxicated.

This case is interesting in many ways, and should tell you a lot about how Minnesota DWI laws have a lot of nuances, or for those less charitably inclined – be unbelievably complicated.

In fact, another scooter DWI case we wrote about in 2009 saw the Court of Appeals affirm a district court’s order finding probable cause for a man charged with a second-degree Minnesota DWI and test refusal who was found lying in the middle of the road and with injuries consistent to a scooter accident. Both these cases involved a scooter, yet one was deemed a motor vehicle and the other was not.

Only time will tell how this case will affect future DWI cases involving non-traditional means of transportation. And with the summer now in full swing, we can probably expect a lot more of this in the coming weeks. As always, it is important to follow safe driving practices and avoid the inconvenience and huge expenses of a Minnesota DWI. But if you do find yourself facing a Minnesota DWI charge don’t hesitate to contact an experienced Minnesota DWI defense attorney to help you build up an effective defense.

Charged with a Minnesota DWI? Call Kans Law Firm, LLC at (952) 835-6314 for a free case assessment.

Tags: Court of Appeals, DWI, gross misdemeanor, Minneapolis DWI Lawyer, Minnesota DWI, mobility scooter, wheelchair
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Major DWI Enforcement On Minnesota Roads This Summer

Tuesday, June 21st, 2011

The Minnesota Department of Public Safety Office reports that the State Patrol, along with county and city enforcement agencies will be conducting extra patrols throughout the summer starting this weekend in 13 counties that account for over half of alcohol-related fatalities and half of serious injuries of the state during 2007 to 2009. During this three-year period, Minnesota had 254 alcohol-related deaths and 506 serious injuries.

According to Lt. Eric Roeske of Minnesota State Patrol, “Impaired driving is a threat on our roads all year, but especially in the summer. Motorists can avoid harsh DWI penalties by taking easy steps to plan for a safe and sober ride home.”

The 13 counties of Minnesota reported to have the highest total number of alcohol-related fatalities and serious injuries combined will have major DWI enforcement the whole summer. DPS reports that the DWI enforcement effort will roll summer-long for fighting against impaired driving that typically has it speak in warm-weather months. The 13 target counties are Anoka, Carver, Dakota, Hennepin, Itasca, Olmsted, Ramsey, Rice, St. Louis, Scott, Stearns, Washington and Wright.

Lt. Roeske adds, “Any increased awareness of the drivers which will result from this campaign can translate into a safer working environment for workers out on the highways, especially with huge amounts of construction and people working on the roads”.

The wide DWI enforcement is a campaign known as Toward Zero Death (TZD) program with the goal of creating a safe way of driving in the roads of Minnesota. Motorists pledged their support for zero-road deaths and aim to practice and promote a driving behavior that’s safe and smart. The four areas that the TZD focuses to apply are education, engineering, enforcement and also emergency trauma response for reduction of alcohol-related crashes. There have been 113 cases of traffic deaths to date in 2011 compared to 156 fatalities at the same period in 2010.

If you get charged with DWI this summer in Minnesota, you’ll need to contact a Minnesota Drunk Driving lawyer who will defend your rights. Douglas T. Kans is a DWI attorney who will provide you with comprehensive legal services that you need in order to ensure the best possible resolution of your drunk driving case. You can contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: charged with dwi, drunk driving, DWI Enforcement, dwi penalties, Impaired driving, Minnesota DWI
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Preparing for Boating Season – Minnesota BWI Laws and You

Saturday, June 11th, 2011

A few weeks into the traditional boating season, many Minnesotans are already busy gearing up and preparing their watercrafts for trips to the water. As always, the authorities are cautioning everyone to observe safe boating practices to avoid accidents and serious injuries on the lakes.

Drinking on-board watercrafts is of course, a major violation of State laws. In the 2009 blog post “What is Boating While Intoxicated (BWI) and is it different from DUI?”, we shared Boating While Intoxicated (BWI) facts and how it differs from the common Minnesota DWI. Today we’ll expand on that discussion and hopefully clear up some remaining misconceptions about Minnesota BWI.

What’s Legal and What’s Not

Riding in a boat and consuming alcoholic beverages are fine so long as you’re not the one operating the boat. The Minnesota DNR specifically states in its 2011 Boating Guide that

“Operating a motorboat while under the influence of alcohol, a controlled substance (or its metabolite), or other illegal chemical is unlawful.”

Note that the blood alcohol content or BAC level for a BWI is still at 0.8, similar to the legal limit on the roads. Also, the law recognizes the BWI offense whether or not you actually figured in an accident.

Key Differences of BWI and DWI

Whereas a DWI apprehension requires that an officer must have reasonable suspicion for stopping your vehicle, a DNR agent can legally board your boat or watercraft simply to ensure the safety and security of every passenger, regardless of any suspicion of wrongdoing.

In fact, the DNR extensively patrols the waterways and looks for signs of possible boating violations, including BWI. For an officer, signs such as turned off navigation lights, erratic steering or boisterous activity on boats can be grounds for a stop.

BWI Arrests and Penalties

First time violators, with no DWIs of any kind on their record, will be facing up to $1,000, possible jail time and the loss of motorboat operating privileges for 90 boating season days.

Aggravating factors such as a BAC of .20 or higher, previous DWI or DWI test refusal convictions in the past 10 years , and the presence of a child below 16 years of age on board will elevate the charge to a gross misdemeanor. These kinds of offenses are subject to mandatory minimum jail times, higher fines, loss of motorboat driver’s licenses and plates, and even forfeiture of the watercraft and trailer operated during the arrest.

Refusing to undergo testing for alcohol levels also leads to a separate offense which can cause the loss of operating privileges for one year, and other severe penalties.

Boating Safety and Legal Remedies

Truth is, operating a motorboat while drunk exponentially increases the risks of fatal accidents many times over. Some statistics suggest that a third of total boating fatalities in Minnesota each year can be directly attributed to alcohol consumption.

You should also be aware of boater’s hypnosis, a condition resulting from the combined effects of the sun, the glare of the water, engine noise and vibration and the water’s motion which leads to fatigue. Add alcohol to the mix and you have a perfect storm of possibly lethal accidents.

For more information, consult this PDF copy of the 2011 Boating Guide of the Minnesota DNR and the Boating Laws in Minnesota web page of GovGuru.com.

Drinking and operating a boat should and must be avoided for everyone’s safety, but if you’re already facing a BWI charge, it’s important to get help from an experienced Minnesota BWI and DWI attorney who knows how to navigate the trickier aspects of BWI laws and obtain the best possible outcome for your case. With proper examination of evidence and an aggressive defense, you might have a chance to avoid severe and costly penalties that may damage your reputation and affect all other aspects of your life.

Charged with BWI in Minnesota? Call the Kans Law Firm, LLC at (888) 972-6060 for a free case review.

Tags: boating under the influence, Boating under the influence of alcohol, minnesota bwi, minnesota bwi laws
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