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Posts Tagged ‘Minnesota DWI’

The Minnesota Ignition Interlock Device One Year Later

Sunday, July 8th, 2012

It’s been a little over one year since Minnesota implemented enhanced DWI sanctions in an effort to prevent road accidents due to driving while impaired. Roughly one year ago, Minnesota started requiring certain DWI offenders to install interlock ignition device on their vehicles. Otherwise, these offenders could lose their driver’s license.

Last year, there were 111 road fatalities due to alcohol-related crashes involving pedestrians and drivers with a BAC of 0.08 or higher. The number accounted for 30% of 368 traffic fatalities in Minnesota. In the same year, 29,257 drunk drivers were arrested for DWI. The top counties for alcohol-related deaths and injuries were Anoka, Ramsey, Hennepin, St. Louis, Olmsted, Dakota, Wright, Rice, Stearns, Washington, Scott, Sherburne and Carver.

Minnesota Mandatory Minimum Sentence DWI Laws

As of July 1, 2011, court judges in Minnesota are no longer required to impose the mandatory minimum sentence for drivers who are facing their second drunk driving charge in a 10-year period, provided that these drivers operate vehicles with installed ignition interlock devices. The statute gives judges the authority to sentence DWI offenders with less or even no jail time, less electronic home monitoring, and an overall lighter sentence.

It’s important to note that judges are not required to depart from the mandatory minimum sentence if a DWI offender installs an ignition interlock device, but the statute gives the defendants and their DWI attorneys the opportunity to argue for a lesser sentence compared to the mandatory minimum sentence.

Since the implementation of the use of ignition interlock devices one year ago, a total of 2,796 eligible DWI offenders have installed the device in their vehicles. Officials of the Department of Public Works and Safety (DPS) hope that this number will increase as more DWI offenders have seen the benefits of using the device, specifically the legal driving privileges. The use of this device costs approximately $3 to $4 per day.

How Effective Has the Ignition Interlock Program Been?

According to Pacific Institute for Research and Evaluation, interlock devices reduce drunk-driving offenses by an average of 64%. While the result of a study conducted by the U.S. Department of Transportation showed that 70% of all drunk drivers drive illegally after the arrest, only 2% out of all ignition interlock device users have re-offended.

Minnesota is one of the 32 states in the U.S. using ignition interlock for first-time drunk driving offenders. First-time and repeat DWI offenders that register 0.16 BAC or above during the arrest are required to use interlock devices if they wish to regain their driving privileges. Otherwise, they will experience at least a year without their driver’s license. DWI offenders who have committed three or more offenses are required to install interlock device for a period of three to six years.

The ignition interlock device is installed under the dashboard and connected to the vehicle’s starter. The vehicle’s engine will only start when the device detects a BAC below 0.02 after the driver blows into it. The device also requires the driver to blow into the machine after the vehicle starts and randomly thereafter. The machine’s in-car cameras record the breath tests, and the DPS can obtain video and test results from the machine in order to monitor the driver’s breath testing activity.

While the ignition interlock device may allow certain DWI offenders to get back on the road after being arrested for drunk driving, a DWI violation is still a serious offense that carries high penalties and fines. If you’re charged with DWI in Minnesota, contact Douglas T. Kans, an experienced DWI lawyer who is always ready to help defend you in your DWI case. You may contact Kans Law Firm, LLC at (952) 835-6314 for a free case consultation.

Tags: DWI Fatalities, Ignition Interlock Device, Mandatory Minimum Sentence, Minnesota DWI
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New Minnesota bar breathalyzer appearing throughout the Twin Cities

Sunday, May 20th, 2012

What might appear to be just a fun toy at a bar could end up being a powerful way to check your level of intoxication the next time you’ve gone out drinking and are trying to decide if you’re fit to drive a motor vehicle. According to a recent news report, a Minnesota company has created a new device called an IntoxBox which is similar to what police may utilize to test a suspected intoxicated driver.

Several bars around Minneapolis and St. Paul have begun installing the devices as officials from the company insist the measurements are incredibly accurate. It requires that customers pay a small fee to use the IntoxBox. After paying and following a few prompts, patrons blow into the machine with a straw and receive their blood alcohol concentration in less than two minutes.

So far 19 establishments across the Twin Cities have installed the devices. The best news is that one bar owner says that since installing the IntoxBox, he’s seen a noticeable increase in the number of customers calling cabs or friends to get home. The proof, according to the bartender, is the increased number of cars sitting in the parking lot on Sunday morning left over from the previous night.

The creator of the device apparently got the idea several years ago after one of his good friends was arrested for a DUI. The news came as a shock, as the friend had no clue he was over the legal limit. He then realized many people might be in similar situations and sought to remedy the problem. He has likened the device to a speedometer, believing that people need to know if they’re skating too close to the legal line.

According to the report, the reliability of the device was given a major boost by the group Minnesotans for Safe Driving. The organization previously has criticized bar breathalyzers as being unreliable. The safety group credits its creator for making his device worthy of their endorsement. The group was especially impressed that onscreen prompts warn users about the dangers of drunk driving and include the caveat that their blood alcohol levels may continue rising even after they’re done drinking.

My personal thoughts on this device are, if it can prevent people from driving while under the influence of alcohol, then I’m all for it. However, my advice, and I strongly believe the best policy, if you are going to drink alcohol, then don’t drive and have a designated driver! I have a few concerns for any type of device someone may rely on to determine if they should drive a motor vehicle. For one, an individual’s blood alcohol tends to continue to rise after consumption, before it dissipates. Therefore, after an individual takes a breath test and discontinues drinking, their blood alcohol could continue to rise before it begins going down.

Also, I have represented individuals that have been charged with driving under the influence of alcohol even though their blood alcohol concentration was measured by the state to be under the legal limit of .08. It is important to understand that a prosecutor can still charge and attempt to prove, at trial, that a driver was under the influence of alcohol, despite testing below the legal limit.

In summary, as stated, a bar breathalyzer is a great tool to help prevent drunk driving, and may indeed save lives. However, it should not be solely relied upon in deciding to get behind the wheel after consuming alcohol.

Source: “In Depth: In-bar, pre-car breath test,” by Trish Van Pilsum, published at MyFoxTwinCities.com.

Tags: Breathalyzer, Minnesota DWI
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License Plate Impoundment in Minnesota DUI or DWI Cases – The “Scarlet Letter”

Saturday, April 28th, 2012

As a DWI attorney in Minnesota for 17 years, when I first meet individuals charge with a DUI or DWI offense, it is a rather emotional situation for the prospective client. They are now under the stressful realization that they’ve been charged with a crime and are about to enter a legal maze full of potential pitfalls. This is where we help alleviate these stresses by making our clients knowledgeable about the process and how we can navigate and plan our strategy to ultimately receive an excellent outcome in their respective case.

One of the biggest concerns expressed by clients at these initial meetings is with regard to potential license plate impoundment or what I like sometimes refer to as the state’s “scarlet letter” on the driver charged with a certain level of DUI offense. It can be extremely frustrating for the family of a driver subject to such an order, because the plate impoundment order applies not only to the vehicle in which they were driving, but also any other vehicle registered in his or her name whether owned jointly or individually. Usually, the driver has an added sense of grief because now an innocent family member may be subject to driving their vehicle with license plates clearly branded as a “whiskey” or DWI plate. As this becomes more frequent, they also become more identifiable to other motorists on the roadway adding to the embarrassment one may feel.

In addition, since July 1st, 2011, the state has now broadened those that are subject to a plate impoundment by making it mandatory for the driver to surrender their license plates if their blood alcohol concentration is a .16 or more as opposed to the earlier .20 or more. This is required regardless of whether the driver has any prior DWI convictions on their record. The driver does have the opportunity to challenge the plate impoundment order and a few counties allow a temporary reinstatement of regular non-DWI plates while the driver is awaiting the outcome of their hearing.

Plate impoundment occurs in the following situations: one is charged with a DWI within 10 years of a prior DWI conviction or prior license revocation that was the result of a DWI conviction; the driver had a BAC of 0.16% or more; a child under the age of 16 was in the vehicle when the offense occurred; or the offense took place while the driver’s license was canceled for being inimical to public safety.

A plate impoundment order applies both to the motor vehicle involved in the DWI offense, and any motor vehicle registered, owned, or leased in the name of the DWI offender, whether solely or jointly owned. An arresting officer may issue a plate impoundment order, which is effective immediately, at the time of the arrest. The plates are then seized by the officer and a seven-day temporary vehicle permit is issued (or 45 days if the offender is not the vehicle’s owner).

A plate impoundment has a minimum term of 1 year, during which, the offender is prohibited to drive a motor vehicle unless the person driving has been re-licensed to drive, and coded plates are displayed on the vehicle. When acquiring or selling a vehicle during the plate impoundment period, the offender is subject to certain restrictions. A person may appeal to license plate impoundment administratively or judicially.

If you or someone you know has been charged with a DWI or DUI offense, it is imperative that they seek the immediate advice of an experienced Minnesota DUI Lawyer. The attorney will first need to review their respective case to see if the driver is subject to such a plate impoundment order and then be able to advise the client how to proceed in challenging the order.

Tags: DUI, license plate impoundment, Minnesota DWI, whiskey plates
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The Minnesota Implied Consent Law – A Summary

Saturday, April 21st, 2012

Pursuant to the Minnesota implied consent law, a person who chooses to drive, operate, or be in physical control of a motor vehicle is assumed to have already consented to a breath, urine, or blood test to determine the presence of alcohol or hazardous or controlled substance in the body. This chemical test is administered only after a law police officer has already established there is probable cause to believe a DWI violation has occurred and the person has been subsequently placed under arrest for DWI. So, when is probable cause established?

Probable cause exists only after a police officer reasonably suspects an impaired driving violation by observing impaired driving behavior. This can be established by the officer’s observations of any erratic driving conduct prior to the traffic stop. Another factor is any observation the officer may make about the driver after the stop such as slurred speech, bloodshot watery eyes and overall appearance. The officer will also judge the driver’s performance on Field Sobriety Tests. Generally, after these tests a thorough officer will ask the driver to perform a preliminary breath test or PBT test to confirm his or her belief of impairment.

If an officer believes that probable has been established, the officer may place the driver under arrest and then, only after reading the Minnesota Implied Consent Advisory, request an evidentiary breath, urine, or blood test. The officer is required to read the implied consent advisory statement explaining that the test is mandatory, refusal to take the test is a crime, and the driver has the right to consult or speak with an attorney before agreeing to take the test. The individual is given a “reasonable period” of time under the “totality of circumstances” standard to contact an attorney.

As with the blood test, a person who is offered a urine test by the police officer must also be offered an alternative test. The rational is that some individuals are adverse to needles and they shouldn’t be charged with the crime of refusal simply because of this fact. The same rational applies to those who are offered a urine test, but for some reason are not able to physically urinate at the time. For an unconscious person, consent is deemed not to have been withdrawn and the test may be administered. It is the officer that decides whether to administer a breath, urine or blood test. The Minnesota Bureau of Criminal Apprehension (BCA) analyzes blood and urine samples and forwards the results to Minnesota Department of Public Safety (DPS).

Tags: Arrest, DUI, implied consent, Minnesota DWI, probable cause
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Can a Very Low Carb Diet Cause a False-Positive High BAC Level in Breath Tests?

Tuesday, April 17th, 2012

According to the Center for Disease Control and Prevention, more than 60% of American adults are obese or overweight. In recent years, one of the most popular diets people have been using to lose weight is the low carbohydrate diet. While we can’t provide information about how successful a low carb diet is or the long-term medical effects on a dieter’s body, we can tackle how this diet regimen might affect breath test results in DWI breath tests.

What is a Low Carb Diet?

It’s a diet program commonly used as a treatment for obesity that limits the intake of carbohydrates. Instead of taking in regular amount of carbohydrates, dieters consume more high-protein and high-fat foods. The amount of carbohydrates allowed in a low carb diet varies depending on which plan you are following.

In addition to obesity, this type of diet is also used to treat some other medical conditions such as diabetes, chronic fatigue syndrome, epilepsy, polycystic ovarian syndrome and other diseases related to obesity. A very low carb diet (VLCD) leads to ketonemia or ketosis, which is why one variation of this diet is called the Ketogenic diet. Many of the popular mainstream diets in recent years are in one shape or form “low carb diets”, some of the more popular ones are: Atkins, GI, South Beach, Flat Belly and Dukan.

How Does A Very Low Carb Diet Affect Breath Test Results?

The reason is a low carb diet which can increase the body’s metabolism and burn fat can also spike up the acetone levels. The acetone can break down into isopropanol by the hepatic alcohol dehydrogenase (ADH). The isopropanol can then be picked up by either a evidentiary breath test machine or an ignition interlock device even though the person taking the test did not consume any alcohol as a beverage.

How Ethanol and Isopropanol Levels Are Measured

The alcohol associated with alcoholic beverages is ethanol, while the alcohol associated with ketonemia in a very low carb diet is
isopropanol. An alcohol breath test machine is supposed to measure the ethanol levels in the body, but can mistakenly read isopropanol as ethanol.

People suspected of drunk driving first submit to a roadside breath test. If the officers believes there is the presence of alcohol in their system, they are required to submit to an Evidentiary Breath Test (EBT) or blood or urine test.

Some breath test machines incorporate electrochemical detectors which respond to isopropanol. These machines cannot always distinguish isopropanol from ethanol which causes false-positive high levels of BAC from dieters who use very low carb diet.

However, some breath test machines use multi-filter infrared analysis and are designed to abort the breath test if acetone above the value set by the law of the state is detected in the person’s breath. The breath test machines with multi-filter infrared analysis should have no problem distinguishing ethanol from isopropanol because they use gas chromatography - but only under normal operating conditions.

Reliability of Breath Tests Results in Very Low Carb Dieters

The reliability of breath test machines used in DWI cases has long been questioned. It’s important to note that while these machines were designed and programmed by manufacturers with perfection in mind, these machines are not perfect. The evidentiary breath test machine results which are often used as evidence against the arrested DWI offenders in court can sometimes be erroneous. Many mechanical errors, operating errors, and human variables can affect their reading results.

When You’re On a Low Carb Diet and Fail the DWI Breath Test

If you’re pulled over by an officer, undergo a DWI breath test, and the breath test machine registers a blood alcohol concentration (BAC) level of 0.08 or higher, you need to immediately contact an experienced DWI attorney. Let your attorney know as soon as possible that you’re in a low-carbohydrate diet or ketogenic diet so that they can determine the relevance to a defense of your DWI case.

What an Experienced DWI Attorney Can Do for Your DWI Case

An experienced Minnesota DWI lawyer will know how Minnesota breath test machines work and how they can possibly be challenged even if your breath result is higher than Minnesota’s driving limit, especially in a DWI case that involves ketogenic or low-carbohydrate diet.

Tags: breath test machine, breath test reliability, ketogenic diet, low carb diet, Minnesota DWI
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