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DWI

Hennepin County’s One Day DWI Program

First-time Hennepin County DWI offenders with a blood alcohol concentration of .19 or less have an alternative sanction called the “One-Day DWI program. This is a program that provides a prompt and consistent response to keep these individuals from becoming repeat offenders. The program combines a victim impact panel, alcohol education, self-assessment, and cognitive therapy to get results. Some clients…

DWI Search Warrants to be Required in Stearns County

Stearns County is setting up to become one of the first counties in Minnesota to require law enforcement officers to acquire search warrants before they take blood samples from suspected drunken drivers who refuse blood testing. This change is the result of a U.S. Supreme Court decision in a Missouri case that has placed DWI prosecution into a questionable state.…

5 Benefits of Hiring a Minneapolis DWI Lawyer

If you have been charged with a DWI, Hennepin County, Washington County, or whatever other surrounding county you have to go to court in is not going to be easy on you. They all take DWI cases very seriously. In fact, enforcement campaigns are becoming more commonplace throughout Minnesota with law enforcement Tweeting their arrests on Twitter so that the…

Your Allergies Could Get You Arrested for a Minnesota DWI

The Minnesota Court of Appeals says that the signs of intoxication include bloodshot and watery eyes along with the odor of alcohol. An officer only needs a single objective indication that an individual is intoxicated to constitute probable cause. This is rather frightening in a way because the way the Court of Appeals’ description reads is that anyone who has…

Minnesota Breathalyzer Testing

Minnesota police, highway, and patrol officers all use breathalyzer machines when they suspect someone of driving while drunk. They use them to determine blood alcohol content (BAC) by simply having the suspect blow into the machine. If they blow a BAC of .08 or more, then they will be arrested. This first test is called the “preliminary test” and it…

Intoxicated Man Falls Asleep in Drive-Thru

A Farmington man with three drunken driving convictions in eight years already under his belt was arrested in April by Lakeville Police after he allegedly fell asleep while waiting for food in a restaurant drive-thru. The man, 26-year-old Michael Marshall Simmons, was charged with first-degree DWI and gross misdemeanor driving with a cancelled license, according to the Dakota County District…

Eagan Man Arrested for DWI for 6th Time

An Eagan man is accused of drunk driving for the sixth time in eleven years, according to the charges filed against him in Dakota County Court. James Michael Fossen, 29, has been charged with four counts of DWI and one count of driving after cancellation inimical to public safety in connection with the latest arrest, which occurred on May 18.…

Should the Crime of “Driving” While Impaired Include “Physical Control”?

While all States have impaired driving crimes, there are different variations of abbreviations used for them, including DUI, DWI, OWI, OUI, DWAI, and others.  One of the problems with using these abbreviations is that people eventually equate “DWI” or “DUI” solely with “driving” while impaired.  Many people do not realize that the term “DWI” in most States, including Minnesota, includes…

DWI Confusion: How Much is Too Much?

After drinking a little one night, you see the red and blue lights flashing in your rearview mirror and you worry that you might be in trouble. That’s when you ask yourself if you drank too much to be driving. There is a lot of confusion behind DWI law. Even the name can be confusing since DUI and DWI are…

The Impact of the McNeely Decision on Minnesota DWI Law

On April 17, 2013, the U.S. Supreme Court issued a landmark decision of Missouri v. McNeely. This decision has the opportunity to have a direct impact on Minnesota DWI law in years to come. While the extent of the impact is not yet known, we will be arguing that that this decision could be the death knell for Minnesota’s harsh…

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