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What do my DWI breath test results mean?

posted on April 3, 2017

After an arrest for DWI, many people have questions about whether the tests were necessary and what they mean. Here is some information about how the testing occurs and what you should know about it. Why did I have to take two different breath tests for DWI? Often, the police will ask you to take […]

State v. Bernard: Minnesota DWI Test Refusal Upheld

posted on February 11, 2015

Minnesota DWI Test Refusal Law Upheld as Constitutional In State v. Bernard, the Minnesota Supreme Court considered whether a Minnesota law criminalizing refusal to take a DWI breath test was unconstitutional. The Court held that the law does not violate a person’s fundamental rights under the constitution, and the refusal law is a reasonable means to […]

Is DUI a Felony or Misdemeanor in Minnesota?

posted on November 1, 2014

In Minnesota, DWIs can range from misdemeanors to felonies depending on the facts of the offense and the offender’s prior record. Here is some information about the ranges of DUI charges. What is a misdemeanor, gross misdemeanor, or felony? Minnesota has three classes of crimes: misdemeanor, gross misdemeanor, and felony. The maximum punishment for the crime […]

Can you get a DUI without driving?

posted on November 1, 2014

Although the offense of DUI stands for driving under the influence, driving is not a requirement to get a DUI or DWI. Minnesota law makes it a crime to “drive, operate, or be in physical control of any motor vehicle” while under the influence. While the terms “drive” and “operate” suggest a running car, the […]

What are DUI, DWI, and Drunk Driving?

posted on September 30, 2014

DUI, DWI, and Drunk Driving all refer to a class of crimes in Minnesota that make it illegal to drive while impaired by alcohol or other mood-altering substances. In other states, DUI and DWI may refer to separate crimes. However, Minnesota treats them all as Driving While Impaired. Common Questions About DUI, DWI, and Drunk […]

Side-By-Side Comparison of DUI vs. DWI

posted on September 29, 2014

What is the Difference Between DUI and DWI? In Minnesota, the terms DUI and DWI refer interchangeably to a class of crimes that make it illegal to drive while impaired. Even though the terms are used interchangeably, there are still many types of DWI charges. Here are the most common two: Driving While Impaired The […]

Challenge a Minnesota DWI Driver’s License Revocation

posted on April 4, 2014

DWIs in Minnesota are complex. There is a detailed procedure that a police officer must follow to stop, arrest, and require someone to take a breath, blood, or urine test. DUIs are equally complex for someone who fails or refuses that test. In addition to criminal charges, it is likely that person will have their […]

Theoretical Warrant Kills Actual Constitutional Right: State v. Bernard

posted on March 19, 2014

Fittingly, the Minnesota Court of Appeals issued a new DWI decision on St. Patrick’s Day. In State v. Bernard, the Court faced the issue of whether prosecuting someone for DWI test refusal was constitutional in light of the limited exceptions to warrants pronounced by the U.S. Supreme Court last summer. Ultimately, the Court held that prosecution […]

What to do after being arrested for DWI

posted on March 10, 2014

If you or someone you know has been arrested for DWI or drunk driving, here are a few initial things to know: Call a DWI Attorney Quickly Your best first step is to call a Minneapolis or St. Paul DWI Attorney. An attorney can ensure that your matter is handled properly and that you receive […]

How can a DWI lawyer help with a drunk driving charge?

posted on February 17, 2014

The first question that I’m often asked when someone comes for a free consultation for a DWI charge is whether they need a lawyer. Here are the areas where having a DWI attorney can help: Implied Consent (License Revocation) Challenges: Most people aren’t aware that they need to file a petition to challenge their driver’s […]

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