Minnesota Criminal Defense Lawyer

A Minnesota news report this week notes that state lawmakers are considering legislation requiring DWI offenders to have an ignition interlock device (IID) installed in their vehicles. Mandatory in many states for multiple DWI offenders, ignition interlock devices are designed to stop people with DWI convictions from driving drunk again. read more

If you live in Anoka or Ramsey County and are caught driving drunk, “the courts are going to hammer you,” according to a DWI victims advocate in this article from the Star Tribune. These two counties have been notably tough on DWI offenders and have seen the largest declines in alcohol related accidents across the state. read more

The Minnesota state legislature is considering a bill that would require ignition interlock devices be installed in the vehicles of all DWI offenders, even for a first offense. read more

An upheld conviction in the Minnesota Supreme Court further expands the situations in which a person can be arrested, charged, and found guilty of DWI. Many people mistakenly think that exerting control over the vehicle means driving it. Not so, says the court’s most recent decision. read more

Here is an informative article about the pilot program for ignition interlock devices that prevent a DWI offender from starting his vehicle without passing an on-board breathalyzer test. read more

A 40 year old Inver Grove Heights mother is facing a charge of DUI for an incident that could potentially lead to charges of child endangerment. The woman was caught driving drunk with her son in the car. read more

A ruling in the Minnesota Supreme Court has made a serious headache for prosecutors across the state. The headache stems from DWI breath tests done with Intoxilyzer equipment. The Supreme Court agreed that prosecutors should turn over the source code to this equipment if the defendant requests it. The problem with that is, the prosecution doesn’t have the source code.

The source code is a sort of computer language used in the Intoxilyzer equipment. These machines are manufactured by a Kentucky company that insists the source code is a trade secret and won’t divulge the information. Because of this, many cases hinging on breath test evidence could be jeopardized for the prosecution.

Minnesota isn’t the first state to have issue with obtaining source code. Many states across the country utilize the Intoxilyzers and many have run into the same predicament. read more

Stay Far Away from your Car to Prevent a DWI

Every state’s DWI laws are slightly different from one another. How they are applied from county to county can even differ. In Minnesota, you don’t even have to drive to pick up a DWI charge. That’s right a “Driving While Intoxicated” charge without even driving.

According to this story from the Star Tribune Daryl Fleck passed out in his car and was convicted of DWI. According to Fleck’s attorneys he had went out to his vehicle to retrieve something when he decided to take a seat. Being intoxicated, he then passed out.

When the police arrived Fleck was in the vehicle and the keys were in between the seats. Fleck wasn’t even sure initially where he had put the keys. Despite the fact that he was not driving and did not intend to drive, his arrest and subsequent conviction was upheld by the Minnesota Court of Appeals.

The law states that you can be charged with DWI if you have “physical control” over the vehicle when you have a blood alcohol level over the legal limit (.08%). “Physical control” was the term in question here and apparently because the keys were within reach the court found that Fleck was in physical control of the vehicle. read more

Safety & traffic officials from accross Minnesota are meeting to consider a number of new initiatives to fight impaired driving, among them the possibility of requiring ingition interlock devices for DWI convictions.

An ignition interlock device is a “mobile breathalyzer” that won’t allow a person’s car to start unless he or she provides a breath test sample without any alcohol.

Currently, these devices are used in a pilot program in Hennepin county. Under the program, a person convicted of a second offense DWI with a BAC result over .20% ( 2 1/2 times the legal limit of .08) is eligible to have one of these devicees installed after 60 days, instead of a full 180 day license suspension.

Nationwide, most states currently have laws that require the use of an ignition interlock in order to get a drivers license reinstated after two or even a single drunk driving conviction. Some states have an interlock restriction that is also dependant on a high blood alcohol content test result in a DWI case.

Organizations like MADD have strongly advocated for a mandatory interlock after any 1st offense DWI, which is now the law in Arizona and soon to be adopted in Illinois. Others take a more measured approach, and suggest that is it more reasonable and less punitive in cases of multiple offenses, breath test refusals, or a high BAC result such as .15% or higher. A person with a high level of impairment is much more likely to be a chronic alcoholic then someone who may have made a one time mistake with a .08%, or was forced to plead guilty because of driver’s license considerations.

Interlock devices are considered a good alternative to lengthly license suspensions, which can be extremely destructive and disruptive to a persons ability to earn a living. They allows for protection and public safety from convicted drunk drivers.

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If you are accused of a MN DWI, or any criminal charge in the state of Minnesota, please contact our attorneys for a free legal case evaluation.