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Posts Tagged ‘Minnesota DWI Laws’

Minnesota Felony First Degree DWI – A Case Study

Friday, December 23rd, 2011

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

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

A Case Study

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

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

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

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

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

Minnesota First Degree DWI Laws

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

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

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

Frequency of DWI Offenses & Penalties

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

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

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

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

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

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

Multiple Counts of DWI Related Charges

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

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

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

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

Tags: dwi charge, dwi penalties, First Degree DWI, Minnesota DWI Laws, multiple counts DWI, Washington county
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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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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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Appeals Court Reverses DWI Conviction: Prejudicial Evidence Presented Despite Defendant’s Stipulation

Saturday, June 4th, 2011

In an unpublished opinion filed May 9 of this year, the Minnesota Court of Appeals changed its prior opinion on State vs. Mohomoud, where it upheld the district court’s decision to sentence the defendant for first-degree DWI, second-degree test refusal and driving after cancellation offenses and rejected the defendant’s argument that the admission of his conversations with his attorneys was a plain error.

The defendant’s argument concerns a partially redacted DVD recording of the reading of the implied consent advisory to the defendant and his telephone calls to his two attorneys where he admitted that he had prior DWI convictions. Note that during the hearing, Mohomoud put forward his stipulation that his prior DWI convictions and references to it be kept away from the jury.

Despite the stipulation, however, the DVD recording was shown in its entirety, except for the portion where the dispatcher referred to the defendant’s prior DWI convictions. The prosecution explained that beyond cuing the recording to play after the dispatcher’s mention of the prior DWI convictions, there’s no other way to edit the recording to filter out the defendant’s own references to his DWI convictions which still aired in front of the jury. Following the conviction for for first-degree DWI, second-degree test refusal and driving after cancellation, an appeal was submitted to the Court of Appeals by the defendant for a review on account of the plain error of the admission of the recording calls with his attorneys.

After losing at the Court of Appeals, the defendant elevated the issue to Supreme Court, which decided to remand the case to the Appeals Court, suggesting that it should reconsider whether Mohomoud indeed waive his right to claim error in the admission of a recording which contained his own references to his prior DWI convictions, with consideration given to the invited-error doctrine.

After another review, the Appeals Court determined that the defense did not “invite” the error of allowing the inclusion of the references to prior DWI convictions, but merely forgo with the objection due to the technicality that there’s really no other way to remove them from the recording. This choice by the defendant was made explicit and went on record, which separates it from the usual failure to object scenario.

Because of this, the Court recognizes that as far as the DWI count is concerned, “even assuming the defense “invited” the admission of the mostly unredacted DVD, admission of that evidence was plain error…therefore the invited-error doctrine does not apply as to that count.”

Further, following the plain error doctrine, the district court’s ruling violated the defendant’s “substantial rights” – in this case, failing to honor the defendant’s right to stipulate the exclusion of the portions of the DVD recording prejudicial against his case. Again, as far as the DWI count is concerned, the Court concludes that “that there is a reasonable likelihood that the error had a significant effect on the verdict, and, therefore, that it affected Mohomoud’s substantial rights.”

This case should be of great interest to any Minnesota DUI Lawyer and those charged with DWI offenses, because it highlights the possibility of reversing convictions on valid rights violations arguments. In this case, it was a violation of his right to stipulate against what he deem as potentially prejudicial elements of evidence, which the Court of Appeals upheld by ordering the district court’ resentencing for the DWI count.

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

Tags: Minnesota DWI, Minnesota DWI Laws, Minnesota DWI Lawyer
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Examining Minnesota Teen Driving and DWI Laws

Saturday, May 14th, 2011

A Lewiston teen has recently plead guilty to a careless driving charge involving a car crash that killed three teenagers in southeast Minnesota last year, according to an Associated Press report.

The defendant in this case was all of 17 years old during the time of the crash, and is one more statistic to the growing number of teen driving accidents in Minnesota. In fact, the Minnesota Office of Traffic Safety says that one in 13 of total DWIs in 2009 were given to drivers under 21 years of age.

No one wants to see their teen involved in traffic accidents and DWI charges, especially given Minnesota’s tough penalties against traffic crimes and drunk driving. A teen driver with a DWI can face up to one year in jail and thousands of dollars in fines and legal costs plus the loss of driving privileges and a DWI record for a minimum of 15 years.

The last item is particularly far-reaching in its impact, as it may bar a teen from any future employment that involves driving. Any future DWIs would also automatically get more complex if a prior record is already present. These are just some of the rarely discussed hidden costs of a Minnesota DUI to take into account.

An experienced Minnesota DWI defense lawyer knows the many interrelated laws that govern DWI and DUI offenses among teen drivers, and should be contacted immediately for legal representation and counsel. In the meantime, here’s a brief look at teen driving-related laws in Minnesota.

Graduated Driver’s License Law (GDL). This 1999 law sets out a multi-tiered program that aims to provide gradual driving privileges to minor drivers depending on their driving record and fulfillment of required driving experience.

In 2008, the State added new restrictions for drivers under 18:

No nighttime driving between midnight to 5 a.m. for the first six months of the driver’s license
No more than one passenger under 20 for the first six months of licensure unless accompanied by an adult
No more than three passengers under 20 for the second six months of licensure unless accompanied by an adult
Prohibition on the use of a cell phone, text messaging or Internet use while driving

Vanessa’s Law. Enacted in 2004, the law bars an unlicensed teen who received a crash-related violation and/or DWI, Implied Consent, Open Bottle and Not a Drop Law violations to apply for a license until age 18, after which the provisions of the GDL law are to be enforced.

The law also says that a provisional license holder who lost driving privileges due to any of the aforementioned violations should fulfill all reinstatement requirements, complete a formal driver education course, pass the driver’s license knowledge test, obtain and maintain an instruction permit for three months and complete a driver’s behind-the-wheel class.

Not A Drop Law. On top of DWI charges and penalties, anyone under 21 years of age in Minnesota will also have to face Not a Drop law violations if determined to be drinking any amount of alcohol during or prior to driving. The law involves the loss of driver’s license for up to 180 days depending on the driver’s record.

Open A Bottle. Prohibits anyone from possessing a receptacle containing any alcoholic beverage that has been opened, with the seal removed or broken while in a vehicle upon a street or highway.

You can learn more about these laws and applicable exemptions, if any, in this Law Enforcement Guide from the Minnesota Department of Public Safety.

A teen driving incident charged under any of these laws require a Minnesota DWI defense lawyer who can look at the case and protect the minor’s rights both as an accused and as a non-adult. The sooner an attorney is hired, the better the chances for a charge reduction, acquittal or case dismissal. At the very least, a plea bargain for a lesser charge similar to the case mentioned above can be reached.

Time is a crucial element, especially given the work of examining and challenging the procedures and steps taken by the authorities in stopping, apprehending or making an arrest of a teen driver. Very often missteps and Miranda rights violations occur, which when proven can invalidate State evidence and significantly weaken the case against the teen defendant.

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

Tags: careless driving charge, dwi charge, Minnesota DWI Laws, Minnesota DWI penalties
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Minnesota DWI Laws: The Four Degrees

Saturday, April 11th, 2009

As an experienced Minnesota Criminal Lawyer that has represented driver’s charged with Minnesota DUI related charges for over the last 15 years, I have been asked hundreds of questions over the years relating to MN DWI Laws or MN DUI Laws by clients, prospective clients, other lawyers, and simply curious people from many other professions. With the invention of our new blog, I thought it would be useful to answer, in a several part series, the most common questions I’ve been asked about Minnesota DWI Laws.

Two of the most common questions I receive are:

1. What are the different degrees of Minnesota DWI offenses; and

2. What are the differences between the various degrees of DWI offenses.

First, in Minnesota, we have four different degrees of DWI offenses:

1. First Degree DWI (Felony)

2. Second Degree DWI (Gross Misdemeanor)

3. Third Degree DWI (Gross Misdemeanor)

4. Fourth Degree DWI (Misdemeanor)

There are many differences with regard to each of these offenses, including, but not limited to, mandatory minimum jail sentences, mandatory bail and conditions of release, and the greater potential civil consequences with certain degrees (i.e. vehicle forfeitures, license plate impoundment ). I’ll will address these other issues in the later parts to our Minnesota DWI Law series, but for now, I want to focus on how a driver can go from a Fourth Degree DWI (misdemeanor) to a First Degree DWI (felony). The key is the presence of what is defined by Minnesota DWI Law as “aggravating factors”.

These “aggravating factors” include:

1. a qualified prior impaired driving incident within the ten years immediately preceding the current offense;

2. having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time of the offense; or

3. having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.

It’s the presence of any of the above factors that would cause a Minnesota Driver to go from a Misdemeanor Fourth Degree DWI, to a more serious DWI offense. The more “aggravating factors” that are present, the more serious is the Minnesota DUI offense.

It should be noted that Refusal to submit to chemical testing of the person’s blood, breath, or urine, although not defined as an “aggravating factor”, functions in the same manner. For example, a first time Minnesota DWI, in which the driver refused chemical testing , would be charged as a Third Degree Refusal/DWI (Gross Misdemeanor). If this same driver had a prior DWI within ten years, or a child under the age of 16 in the motor vehicle at the time, he or she could be charged as a Second Degree Refusal/DWI (Gross Misdemeanor).

Lastly, unless a person has a prior Felony DWI conviction or Felony Criminal vehicular homicide and injury conviction, for a Minnesota driver to be charged with Felony First Degree DWI in Minnesota, he or she must either have three prior convictions for DWI, or three prior DWI related alcohol license revocations within the ten years of the new DWI charge.

Tags: Felony DWI, First Degree DWI, Fourth Degree DWI, Gross Misdemeanor DWI, Minnesota Criminal Lawyer, Minnesota DWI, Minnesota DWI Laws, Misdemeanor DWI, MN DUI, MN DWI, Second Degree DWI, Second Degree Refusal, Third Degree DWI, Third Degree Refusal
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