Posts Tagged ‘DWI in Minnesota’

MN DWI Whiskey Plate Legislation Pushed in Other States

Saturday, February 16th, 2013

Already established in Minnesota, now a push by states across the country has reenergized an effort to force those who have received a drunk driving conviction to brand themselves with special license plates identifying them for their crime. Just a few weeks ago Montana legislators proposed a bill, House Bill No. 276, which would force those convicted of breaking state DUI laws to purchase bright orange license plates. Those convicted of driving drunk would have to keep the plates on their car for five years

In 2012, Iowa, New York and Washington state each introduced similar legislation, with varying degrees of success. New York’s measure has been continued into the new legislative session while Iowa’s failed and Washington’s was postponed for future consideration. In the past two years, seven states have tried to pass such legislation, with Georgia successfully implementing a version of the special plate legislation.

The first state to require the use of such identifying license plates, known by many as “party plates” or here in Minnesota, “whiskey plates,” was Ohio. The state legislature passed a law in 1994 that mandated the plates. The license plates are all bright yellow and have red numbers and are given out to those drivers who are convicted of a DUI with a blood alcohol concentration greater than .17. Also, drivers convicted of more than one DUI offense are required to use the plates.

In Minnesota, if a driver gets more than two DWI convictions within 10 years, receives a DWI with aggravating factors present or is found driving after a license suspension or revocation, that person’s normal license plates can be revoked and swapped out with the state’s whiskey plates, officially known as a license plate impoundment. The license plate impoundment effects not only the alleged drunk driver, but everyone else in the family who might drive any car owned by or registered to the convicted driver.

The plates are known as “whiskey plates’ because in Minnesota all of the special license plates begin with the letter “W.” The plates are all white with blue or black text and must be used for the full length of that person’s license suspension.

These plates are very important because they give other drivers and police officers an easy way to instantly identify what some might consider risky drivers. While law enforcement officials insist this is a good thing and can help keep the public safe, opponents of the law believe it achieves no purpose other than humiliate already embarrassed drivers by forcing them to drive around town with a scarlet letter on their back bumper.

Though police are required to have a reason to stop drivers, even those with whiskey plates, there’s no way to deny that those drivers with special drunk driver license plates are at a special risk of being under the watchful eye of officers. It should go without saying that if you’re driving around Minnesota with such license plates late at night or near bars you should be aware that any passing officer will likely be looking for a reason to stop your car.
Source:DUI Bill Calls for Orange License Plates,” by Chudney Matta, published at KFBB.com.

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.


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