DWI Aggravating Factors – Supreme Court Clarification
The severity of a DWI in Minnesota depends on the number of aggravating factors, if any. If there are none, the DWI is a misdemeanor offense, with no statutory sentencing requirements. If one or more DWI aggravating factors are present, the DWI can be either a gross misdemeanor or felony. The Minnesota Supreme Court just
Vehicle Forfeiture – How to Get Your Vehicle Back
To many, the most severe collateral consequence stemming from a DWI is the vehicle forfeiture. The vehicle forfeiture law is convoluted, but in essence it means that, if you are convicted of a second-degree DWI, or worse, then the State may lawfully forfeit your vehicle. That means, the defendant loses his/her vehicle as an additional
Enhancement is a Moot Issue for DWI Expungement Purposes
For individuals trying for a DWI expungement (or to expunge assault-type records, there is one argument that the State loves to emphasize – the record is enhanceable (if the conviction is not more than ten years old) and sealing it would prevent the State from being able to use for future possible crimes. This argument
Post-Driving Consumption – DWI Defense
If you are charged with a Minnesota DWI, there are a few affirmative defenses prescribed by law. One of them is post-driving consumption. Under Minn. Stat. 169A.46, post-driving consumption is a complete defense to a charge of DWI with an alcohol concentration greater than .08 or .16. It’s important to understand that this is not
DWI – License Revocation Law Change – 2018
One of the most immediate and difficult consequences that come from a DWI charge is the license revocation. A person charged with a DWI can have their license revoked for anywhere between 30 days and multiple years, including having a B-card restriction. Point being, it can be devastating consequence from a DWI. Previously, this revocation
Driving While Impaired – Defined
Most of the time, when someone is facing a driving while impaired charge, they face two counts – one is based upon a test result above the legal limit of .08 and the other is based upon demonstrated impairment. In order to prove the latter, the State relies upon the driver’s behavior and driving conduct.
Changes to Minnesota DWI Law
In the 2017 Minnesota legislative session, changes were made to MN DWI Laws. These new laws went into affect at the beginning of July. None of these changes are ground-shaking, but it’s nonetheless important to understand them and how they’ll affect DWI law and your rights. Implied Consent Advisory The form that a law enforcement
Underage DWI Expungement – Court of Appeals Decision
As we’ve discussed on our website and previous blog posts, DWI expungements are difficult to attain. The same could be said for an underage DWI expungement, a conviction that should be treated completely different. In a recent decision, State v. R.P.C., the Court of Appeals reversed a denial of an underage DWI expungement petition, finding
Legality of a DWI Stop – More than Curiosity is Required
Often the best defense starts with whether the DWI stop of the vehicle was legal. The Fourth Amendment guarantees that we are free from unreasonable searches and seizures. This demands that the police first have a legal basis to even stop the vehicle before investigating a possible DWI. Unfortunately, this constitutional guarantee is often trampled on
DWI Expungements Could Become Even More Difficult to Obtain
Even with all gross misdemeanor and misdemeanor convictions being eligible for a statutory expungement, people are still surprised to learn that they can, in fact, expunge their DWI conviction. But, this may no longer be reality if the Minnesota DWI Task Force gets its way. The DWI Task Force recently came out opposing the ability