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DWI

Twin Cities DWI and Fifth Amendment Protections

When you are arrested for DWI in St. Paul or Minneapolis, you are read your Miranda Rights. The Miranda Rights reference some of the rights that are specified in the Fifth Amendment to the U.S. Constitution. It is part of the first ten amendments that were adopted at the same time. They were adopted at the same time because they…

Even After Intoxilyzer Source Code Issues, Minnesota DWI Testing A Problem

Most drunk driving cases revolve around alcohol testing results. However, the past has proven that the testing can be flawed, such as with the Intoxilyzer 5000. The problem with the Intoxilyzer 5000 was with the source code. At one time, it was the primary method to detect alcohol on a person’s breath. It was later found that there was something…

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…

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