So now that the US Supreme Court and Minnesota Supreme Court have weighed in regarding warrantless blood alcohol tests in the DWI context, where does the law currently stand? In Minnesota, we now have a fact-based inquiry as to whether a person consented to giving an alcohol test. Under Minnesota law, a police officer is […]

Today, the Minnesota Supreme Court released its decision in State v. Brooks, which analyzed how Minnesota’s implied consent laws interact with the U.S. Supreme Court’s decision in McNeely last year. Under McNeely, police officers are required to get a warrant to test the blood of  a suspected DWI driver. However, Minnesota has a law that says police can ask […]

As a Minnesota DWI Lawyer, I have blogged a bit about the various types of DWIs that you can be charged with in Minnesota.  Here is a link to the four degrees of DWI with information about the charges and consequences of each: 1st Degree DWI (Felony DWI) 2nd Degree DWI 3rd Degree DWI 4th Degree DWI […]

If you’re facing a DWI in Minnesota, one thing a good Minnesota DWI lawyer can help with is challenging the DWI test to determine if everything was handled properly.  Here are some things I can look at for your DWI case: Implied Consent — In order for Minnesota to require you to take a DWI […]

No one plans on being arrested for a DWI.  If you knew that you were intoxicated and that you would be pulled over for drunk driving, you’d call a cab.  Despite people’s best intentions, however, it’s a common scene where someone has “one too many” and is pulled over for a driving violation on their […]

Here is a common scenario: you are out having fun with your friends Saturday night, and on the way home you are pulled over for speeding.  The police officer detects alcohol on your breath, you tell him you’ve had a couple drinks, and eventually you are arrested for a DWI.  You are arrested and put […]

One of the most common questions asked during my free consultations is whether a person charged with a DUI in Minnesota needs an attorney.  Minnesota has very strict DWI laws that are getting more severe.  So, it is a rare case that I would recommend that someone forgo an attorney and handle a DWI by […]

Minnesota’s DUI laws are complex, which can lead an uninformed person to destroy any chance of a good defense before they’ve had a chance to talk to an attorney.  One of the biggest pitfalls someone can find themselves in is refusing a DWI test and unknowingly handing an easy conviction to the prosecutor. What is […]

What is changing July 1, 2011? Minnesota is enacting new DWI laws starting on July 1, 2011.  These laws will enhance existing DWI laws by increasing penalties and requiring ignition interlock for most repeat offenders.  Here are the areas of DWI law that will be affected: Increased Driver’s License Revocation Periods Under the old law, […]

Under Minnesota law, one basis for getting a DWI is to drive a motor vehicle with a blood alcohol concentration over 0.08.  How do police officers determine a person’s blood alcohol level?  There are three types of testing currently used in Minnesota: Breath Test The breath test requires a person to blow a few samples into a […]