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Minnesota Laws on Bath Salts and Other Synthetic Drugs – A Case Study

Friday, March 16th, 2012

The abuse of synthetic drugs seems to be increasing at a very alarming rate. The poison control centers had reportedly taken 1,782 calls as of April 20, 2011 which were linked to the use of bath salts. This number is much higher when compared to only 302 calls they received in the entire year of 2010. For our case study, let’s take a closer look at a recent DWI case that involves the use of bath salts.

Man with 10 DWIs Pleads Guilty to Driving Under the Influence of Bath Salts

In a previous blog post we discussed the circumstance of those charged with repeat DWI offenses. In recent news, a man from Rochester, 46, with 10 prior DWI convictions admitted to driving under the influence of bath salts on March 1st at Dakota District Court. The man, who had previous DWI convictions on his record, pleaded guilty to a felony charge of driving while impaired in response to his arrest last July in Vermillion Township. He was believed to have been under the influence of a synthetic drug which was banned by the legislature at the time of his arrest on July 3. He will be the first DWI offender to be sentenced under a new law in Minnesota banning the use of synthetic drugs. The man has been housed in Dakota County Jail in Hastings since the arrest and he will face his sentencing April 6th at Dakota County District Court.

The criminal complaint states that the man was arrested by Dakota County Deputies on Highway 52 and 160^th Street after receiving a report of a vehicle driving erratically and having a hard time staying on the road. The man tried to flee from the officers but was eventually pulled over. The man wasn’t wearing shoes as he stepped out of his truck and told authorities he hadn’t been drinking alcohol and hadn’t been taking drugs.

His breath test registered negative for blood alcohol content, but he failed the field sobriety tests and was subsequently arrested. After authorities found a hypodermic needle in his pocket, he was sent to Regina Medical Center for a blood test which registered traces of illegal stimulant banned by Minnesota legislation. The DWI suspect did change his story later and told the deputy he took some prescription drugs. He admitted to using meth in the past, but had switched to using bath salts since they were cheaper.

Minnesota Bans Using and Selling of Synthetic Drugs

Bath salts are stimulants that have the same effects of cocaine, Ecstasy and methamphetamines on humans. The growing concern of the increased use of synthetic drugs has prompted the legislature to make it illegal to use and sell 3 synthetic stimulants which are Methylone, Mephedrone, and 3,4-methylenedioxypyrovalerone (MDPV). The ban took effect in July and will continue temporarily until one year while the US Department of Health and Human Services and the DEA are able to determine if these stimulants should be permanently controlled. These substances are usually sold as plant food or bath salts which are commonly named as Cloud Nine, White Rush, Ocean Snow, Ivory Wave, White Lighting, Charge Plus, Scarface, Red Dove, Vanilla Sky, Hurricane Charlie, and White Dove.

Effects of Synthetic Drug Abuse

While the packaging of these substances states that they are not for human consumption, they can be used by individuals as stimulants alone, or can be mixed with some other drugs to increase the intensity of the high which can often lead to deadly results. The effects of these stimulants on humans include hallucinations, extreme paranoia, delusions, agitation, violent behavior, chest pains, rapid heartbeat, suicidal tendencies, and even death.

When Accused of Using or Selling Synthetic Drugs

Using or selling synthetic drugs is a serious offense in Minnesota, a state known for imposing severe sentences and penalties for individuals found guilty of committing drug related crimes. If you’re charged with using or selling synthetic drugs, or charged with driving under the influence of synthetic stimulants in Minnesota, you need to contact a competent Minnesota DWI and criminal lawyer immediately.

Tags: Bath Salts, Driving Under the Influence of Bath Salts, repeat dwi, Synthetic Drugs, synthetic stimulants
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Canada to Ease Rules Allowing Entry for Americans with DWI Convictions

Thursday, March 8th, 2012

Americans with DWI convictions in the last 10 years are generally denied entry to Canada. U.S. citizens or permanent residents who wish to enter Canada have to undergo routine screening which includes answering the question “Have you ever been convicted of a crime?” Individuals convicted of driving while impaired in the U.S. may be denied entry to Canada even if their DWI conviction didn’t involve any collision or any other criminal violations.

Providing the authorities with false answers will most likely not work due to the increased cooperation between the U.S. and Canada as a part of their stricter security measures after 9/11. Any border agent can have access to Americans’ criminal records, and vice versa.

A Closer Look at Canadian and American DWIs

Any type of DWI offense committed in the U.S. is equivalent to an impaired driving offense in Canada. Any conviction related to impaired driving, even if it’s only a misdemeanor conviction, is considered by Canadian law as a serious crime.

In recent years, Minnesotans and thousands of other Americans have been dismayed by Canada’s tightened border security. A single misdemeanor DWI offense in the U.S. is considered as felony DUI offense in Canada. For Americans, this disparity of levels of drunk driving violations between Canadian and American laws has been a big issue.

Canada Entry Restrictions Soon to Loosen Up

The good news for Americans is that Canadian border officials will soon loosen up entry restrictions after many years of refusing Americans with DWIs and other convictions from entering Canada. Set to take effect March 1, this move is developed to keep the border officials from refusing entry of American anglers, hunters, and such other tourists who have one DWI conviction or any other misdemeanor conviction on record. The changes, however, are not applicable to individuals with several convictions or those who have committed more serious crimes.

Border Restrictions Have Cost Canada Millions

According to Canadian tourism industry officials, the increase in border restrictions caused by refusal of entry at the border resulted in losing millions of dollars in revenue for Canada.

It’s a common scenario at the border that an entire group seeking legal entry to Canada calls off the trip because border officials reject one member of the group. Regional tourist council officials call this type of group a $6,000 vehicle, and if one member gets rejected, the entire group goes straight home. Over the years, the border restrictions have cost millions of dollars in Northwestern Ontario alone. People who are not supposed to be turned away are denied entry due to a minor indiscretion several years ago.

Canada Welcomes Americans with One DWI

A new policy developed by Citizenship and Immigrations Canada (CIC) as a result of continued pressure from the Canadian tourism industry, allows individuals with a single minor conviction to obtain a free Temporary Resident Permit for entering Canada starting March 1. This process used to be lengthy and a costly one. Americans with prior convictions, however, need to permanently clear their record by going through a rehabilitation process. Once they hold a TRP, they will not be rejected at the border.

Whether the TRP will give Americans one free pass to Canada or a pass for a certain time period is an unanswered question that the Canadian government is yet to release. A report in Star Tribune says that the new policy aims to facilitate entry of Americans currently inadmissible to Canada for a certain violation, such as where the individual seeking entry into Canada has not served a jail time, and there’s no evidence of repeat behavior. Apparently, the new policy is applicable to a DWI conviction provided that there are no other convictions on the individuals’ record.

Just One More Reason You Need a Good DWI Lawyer

If you travel to Canada to visit family, to go on vacation or for business then being convicted of DWI is going to be an issue. To ensure you have the best possible chance of minimizing the damage of your DWI charge you need the help of an experienced DWI lawyer in Minnesota. Douglas Kans has been defending DWI cases for the past 17 years… you can reach him by calling Kans Law Firm at (952) 835-6314 for a free case consultation.

Tags: canada dwi, dwi conviction canada border, dwi conviction entry to Canada, impared driving, Minnesota DWI Lawyer
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Minnesota DWI Laws and the Repeat Offender

Sunday, March 4th, 2012

A 50-year chronic lawbreaker from Wisconsin was arrested with his 15^th DWI Sunday night after being pulled over for an observed traffic violation and failing the field sobriety tests. The man’s record showed 14 prior convictions for driving while impaired since 1991 but he still holds a valid Wisconsin driver’s license.

15 DWIs: Is it possible?

The rational behind penalties imposed by legislatures against drunk drivers in DWI cases are based on a basic principle that the mor a mistakes driver makes, the more dangerous they are, and the more damage they do, and as a result the worse penalties they should receive. Many people arrested for driving while impaired are not first-time offenders but those who are getting their 2^nd, 3^rd, 4^th, or in this case, their 15^th DWI violation.

How a person can rack up 15 DWI charges is a big question for many Minnesotans… the answer to that question is not that plain and simple.

Some may argue that a factor why many DWI offenders keep racking up DWI offenses on their record may be due to the lack of state law in Minnesota preventing people with multiple DWI convictions from hitting the road again. There are drivers with more than 10 DWI convictions who may use different names or have DWI convictions in multiple states. Their real identity may not be figured out until these repeat DWI offenders get back in court after being arrested again. These drivers pay their fines, do their sentence, but continue to make the same mistakes by committing more DWI offenses. Currently, one out of eight Minnesotans has a DWI on record, and 40% of these will commit the same offense within a year.

Installing an Ignition Interlock Device

A representative of Minnesota Mothers Against Drunk Driving (MADD) believed that one way of preventing certain people from committing multiple DWI offenses is to use an ignition interlock device, yet it took several years for Minnesota to make it a state law.

This device, when installed on a vehicle, requires the driver to blow into its breath-collecting chamber. The device collects the breath sample and analyzes the sample’s for the presence of alcohol. Once the device detects a certain level of alcohol in the breath, the vehicle’s engine wouldn’t start. The state of Minnesota now requires repeat DWI offenders or first-time offenders with a BAC level of 0.16 during their arrest to install ignition interlock device on their cars.

Despite the fact that Minnesota has already made it a state law to install ignition interlock devices on vehicles of certain DWI offenders, MADD still believes that Minnesota is not doing enough at present to prevent recurring DWIs. Leaders of the organization want every new vehicle to have a built-in system that’s able to detect the presence of alcohol each time the driver sits in the car. The main key to prevent recurring DWI violations is the combination of technology, family support, treatment and penalties, MADD added.

Is it possible for a DWI offender to be charged with multiple DWI charges?

The answer to this question is a big yes. In Minnesota, any arrested drunk driver can be charged with multiple violations related to DWI, or even multiple counts after being arrested. Minnesota DWI Laws determine the length and the severity of the sentences by taking each count of the multiple charges into consideration. The counts of charges are also the determining factors of whether the crime committed falls in the category of a misdemeanor, gross misdemeanor or felony.

Frequency of Minnesota DWI Violations & Penalties

In Minnesota, the total number of DWI violations committed by an individual during a 10-year period is the main determining factor of the degree of the offense and the severity of the DWI penalties imposed by the law against the offending driver.

First DWI offense within 10 years – This offense carries a maximum jail term of 90 days, a fine of up to $1,000, possible driver’s license suspension of up to 90 days or up to 1 year if the person’s BAC was over .15, and mandatory counseling classes.

Second DWI offense within 10 years – A 30-day mandatory jail time or a maximum of 1 year goes with this offense along with a fine of up to $3,000 and a possible 180-day license suspension or longer if there are other aggravating factors present or the BAC was .15 or more.

Third DWI offense within 10 years – The sentences of this offense are a mandatory 90-day jail term of or up to 1 year, up to $3,000 of fine, and a possible driver’s license suspension for more than 1 year or cancellation of driving privileges because the DWI offender is considered “inimical to public safety.”

Fourth DWI offense within 10 years - This offense, which is considered by the law as felony, carries a 180-day mandatory jail term or up to 7 years, up to $14,000 in fines and cancellation of all driving privileges.

Note: If the same DWI offender keeps committing DWI violations, each conviction is added up to the number of DWIs on record. As the number of DWI violations goes up, the sentences and penalties get higher.

DWI: A serious offense

A DWI violation is a serious offense especially in a state where sentences and penalties are more stringent, like in Minnesota. If you’re charged with a DWI in Minnesota, regardless of its degree and the number of times you were convicted of DWI in the past, you need to immediately contact Douglas T. Kans, an experienced DWI and criminal lawyer willing to do everything possible to protect you from loss of driving privileges, your wealth, or your freedom as a result of the DWI charge. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case consultation.

Tags: dwi charge, Ignition Interlock Device, MADD, repeat dwi
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ZWI? Rink Zamboni Operator May Face DWI Charges – A Case Study

Friday, February 24th, 2012

We’ve blogged before on non-automobile DWI cases such as SWI (Snowmobiling While Intoxicated) and BWI (Boating While Intoxicated)… but how about ZWI (Zamboning While Intoxicated). Sounds crazy but it’s true… in Apple Valley, Minnesota, police officers arrested a 34-year-old rink attendant suspected of driving while impaired Monday night. What makes this incident significantly different from typical DWI arrests is that the individual suspected of drunk driving was arrested at the youth hockey ice rink instead of the usual roadside arrest. The man was arrested at the Hayes Hockey Arena on suspicion of being intoxicated while operating the rink’s Zamboni machine.

Before the man was taken to a local police station for a breath test to measure his blood alcohol concentration level, the police officers had him perform a series of field sobriety tests which he failed. His records showed previous DWI convictions; twice in 1999 and once in 2002. There are no charges formally filed against the arrested Zamboni operator at this time as the his sample is still in the state Bureau of Criminal Apprehension for analysis, and the BAC test results are not returned yet. However, the circumstantial evidence against him suggests a big probability that he’ll be facing multiple criminal charges.

The hockey players aged 11 to 13, and the spectators at the Hayes Arena on Monday night watched as the Zamboni driver erratically weaved and smacked the machine hard against the boards. Resurfacing an ice rink should have been completed in 10 minutes, but it took the machine driver about 25 minutes to unsatisfactorily complete the job and struggled to maneuver the machine into the arena’s garage.

The Pee Wee coach did call 911 to report the incident which led to the arrest of the alleged drunk driver. The coach reported that the rink attendant may have been drinking before arriving at the arena for his Zamboni shift because he noticed before the start of the game that the man showed signs of intoxication, such as red eyes and smell of the energy drink Red Bull. The Zamboni operator was already in the arena garage when police officers arrived and he was arrested.

How can an intoxicated Zamboni operator be charged with DWI? To answer this question, let’s take a closer look at the Minnesota DWI law.

The Definition of Driving While Impaired (DWI)

In Minnesota DWI Law, an individual operating, driving or in physical control of a motorized vehicle while under the influence of alcohol, hazardous substance or controlled substance; OR registers a BAC level of 0.08 or over as measured by a breath test, urine test or blood test within 24 hours of being stopped by a police officer; OR registers any amount of Schedule I or II controlled substance in the system can be arrested for DWI. An individual is considered driving, operating or in physical control of a motorized vehicle if he or she is actually driving, or/and is positioned near, and can reach the ignition keys (even when the vehicle isn’t running) to turn the engine on at any given time.

Driving or operating a vehicle while impaired is not the only way that a driver be arrested or convicted with DWI. Operating a snowmobile or a boat while impaired can also make an individual convicted of DWI. The next paragraphs will explain the law of Minnesota regarding SWI and BWI.

Snowmobiling While Intoxicated (SWI)

It is a crime in Minnesota to operate or be in physical control of a snowmobile while under the influence of alcohol, a hazardous substance or controlled substance which leads to the impairment of an individual’s ability to operate or drive a snowmobile. Just like in the case of a typical DWI, refusal of a snowmobile driver to submit to any of the BAC tests requested by an officer is a crime. Being convicted for snowmobiling while intoxicated comes with penalties, fines, loss of snowmobile operating privileges or even revocation of driver’s license. For more information on SWI violations, penalties and sentences, you may refer to our blog post Snowmobiling While Intoxicated (SWI) in Minnesota.

Boating While Impaired (BWI)

Operating watercraft while intoxicated is also a violation against Minnesota state laws. Drinking alcohol beverages on board is acceptable as long as you’re not the one operating the boat. Operating or being in control of a motorboat under the influence of alcohol, a controlled substance or its metabolite, or other illegal chemical is considered unlawful in the state of Minnesota. Just like in a typical DWI road conviction, being convicted for boating while intoxicated or BWI carries heavy penalties and sentences. Here’s the main difference between a DWI and BWI. In a DWI arrest, the police officer must have a reasonable suspicion of drunk driving behavior to pull you over. In BWI, however, it’s legal for a DNR agent to board your watercraft or boat whether or not there’s suspicion of violation. This is to ensure that everyone on board the watercraft is safe. For more information about BWI, you may refer to our blog post What is Boating While Intoxicated (BWI) and is it different from DUI?.

Getting DWI Help

No matter what kind of DWI you have been charged with you’ll need a the best Minneapolis DWI lawyer in your corner if you want the best possible outcome for you case. Douglas T. Kans has 15 years of experience defending DWI charges in the Twin Cities and beyond. For a free consultation call Kans Law Firm at (952) 835-6314).

Tags: boating dwi, breath test, Field Sobriety Tests, MN DWI Law, snowmobiling dwi, zamboni dwi
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Heightened DWI Patrols in 13 Hotspot Minnesota Counties

Tuesday, February 21st, 2012

Like in most states, Minnesotans are used to increased DWI enforcement during the holiday seasons; however, these increased DWI patrols will now continue through September in identified hotspot counties. According to a recent My fox9.com report, the Minnesota Department of Public Safety plans to increase DWI patrols in 13 counties reportedly accounted for almost half of Minnesota’s alcohol-related fatalities on record. The exact numbers are 202 alcohol-related traffic deaths, 462 serious injuries and more than 65,000 DWI arrests combined between 2008 and 2010.

The 13 counties which will be seeing heavy DWI patrols are Anoka, Carver, Hennepin, St. Louis, Ramsey, Olmsted, Dakota, Rice, Wright, Stearns, Scott, Washington and Sherburne. According to the DPS, the list of counties with highest DWI cases in Minnesota is substantially the same as the last year’s list except that the Itasca County was taken off the list and replaced by Sherburne County. In the three-year period, Hennepin County topped the list with its 20,000+ DWI arrests. The county on the list with the lowest number is Carver Country that has a record of 15 alcohol-related deaths and 943 DWI arrests.

Alcohol related-fatalities, injuries and DWI arrests in Minnesota have significantly dropped down in recent years with 131 traffic fatalities in 2010, which is the lowest number on record. DPS officials say that educating motorists about safe driving and the increased DWI enforcement have contributed to the continuing trend of low alcohol-related traffic crashes. Although the number of alcohol-related crashes has decreased, drunk driving still accounts for one-third of the total road traffic deaths in the entire state of Minnesota.

Penalties and Sentences for DWI

In Minnesota the sentence for an individual charged with driving while impaired depends on 3 things:

1) The aggravating factors during the DWI arrest

2) The level of the DWI charge

3) The effectiveness of the DWI attorney in defending the case of the suspected DWI offender.

Fourth degree DWI is usually charged to a first-time DWI offender and typically carries a penalty similar to the penalty for other misdemeanor cases, which is commonly a maximum fine of $1,000 and/or up to 90 days of jail time. The mandatory penalty for fourth degree DWI is completion of a chemical assessment.

Second and third degree DWI are considered gross misdemeanors in Minnesota and they come with potential sentences of a maximum penalty of 3,000 and/or a jail time for a maximum of one year.

First degree DWI is felony and it carries a maximum sentence of $14,000 fine and/or a maximum jail time of 7 years.

An experienced Minnesota DWI attorney can sometimes get the DWI charge dropped or argue on behalf of the suspected DWI offender for alternative sentences to jail time, such as sentence-to-service work, staggered sentencing, community service work, as well as electronic home monitoring.

Douglas T. Kans has been defending people charged with DWI in the Twin Cities and beyond for over 17 years and knows to get DWI offenders the best possible case outcome. For a free consultation regarding your DWI charge you can call Kans Law Firm at (952) 835-6314.

Tags: dwi arrest, dwi patrols, First Degree DWI, Fourth Degree DWI, Minnesota DWI, Second Degree DWI, Third Degree DWI
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