Snowmobiling while Intoxicated (SWI)
Any person who is operating a snowmobile while under the influence can be charged with a snowmobiling while intoxicated charge (SWI), which is the equivalent to a DWI. The criminal penalties will be nearly identical to a DWI charge, but the civil penalties will vary. Criminal Charges – The level of charge will depend on
GERD Defense to DWI Charges
Typically, the most critical piece of evidence in a DWI is the breath test result taken at the station. This test shows whether the driver was above the 0.08 legal limit. But, this test result can be inaccurate if the driver suffers from certain medical conditions, such as gastroesophageal reflux disease (GERD), acid reflux, and heartburn.
Underage Drinking and Driving
Facing DWI charges is a difficult time for every person. This is especially true for persons under the age of 21. An underage drinking and driving offense raises unique issues and potentially more significant collateral consequences. To begin with, any person, regardless of age, is subject to the .08 threshold of the DWI law in
DWI Expungement – Court of Appeals Decision
A frustrating trend had emerged in Hennepin County with its handling of DWI expungements. It was becoming quite clear that obtaining an expungement of a DWI record was going to be nearly impossible. Other counties throughout the State give DWI expungement requests fair consideration and have granted them. But, Hennepin County had yet to do
Plate Impoundment – Spouse’s Vehicle
A DWI in Minnesota brings many collateral consequences, such as a lengthy loss of license, potential vehicle forfeiture, and plate impoundment. If your vehicle is subject to a plate impoundment, that means you will be driving with ‘whiskey plates’ for the duration of your revocation period. While not terribly expensive, it is still a collateral
Legislature Seeking to Require Ignition Interlock for All DWI Offenders
Currently, the ignition interlock device is required for repeat offenders or a first-time offender when the alcohol concentration was twice the legal limit. The device is installed in the vehicle, which prevents it from being operated unless and until the driver blows into the device to show that he/she does not have an alcohol concentration
Temporary Reinstatement of Driving Privileges Following a DWI
Following a DWI, one of the most severe and immediate consequences is the revocation of the person’s driving privileges. The duration of the revocation can be from 90 days up to several years, depending on the circumstances of the arrest. A person subject to this revocation only has 30 days from the date of the
Minnesota’s DWI Law About to Get a Close-Up
In just our last blog, we quoted Justice Alan Page’s infamous lambasting of his colleagues when he said the Minnesota Supreme Court (at least the majority) wished it lived in a world without McNeely. Well, the Supreme Court of the United States may share Justice Page’s feelings about this issue because it has granted review of State
Equal Protection and Due Process Violations in Minnesota DWI Law
As the veritable Justice Alan Page penned: “(Minnesota) court(s) apparently wish that we lived in a world without Missouri v. McNeely.” Such a strong shot fired at his fellow justices is true because ever since the United States Supreme Court issued its McNeely decision in 2013, Minnesota appellate courts have made every effort to essentially create
DWI Consequences for Commercial Drivers
Prior references and discussions about license consequences following a DWI conviction deal with non-commercial drivers. Different revocation periods apply to those that drive for a living. The result is a much more severe and strict revocation period that often leads to job consequences. Under Minn. Stat. 171.165, Minnesota must disqualify a commercial driver for a DWI