Each year, the Minnesota Department of Public Safety conducts a survey of drunk driving incidents and compiles the information into the annual Impaired Driving Facts. Focus on drunk driving awareness, education, and increased enforcement of the DWI laws has led to a 25% drop from 2010 to 2014. However, drunk driving remains a serious and lasting problem in Minnesota. Read More...

According to Section 169A.20 of the Minnesota Statutes Annotated, driving while impaired occurs when an individual is driving, operating, or in physical control of a vehicle and is under the influence of alcohol or a controlled substance. The vast majority of people who are arrested for DWI are pulled over while driving. However, did you know that you can be arrested for DWI even if your vehicle is not in motion? Read More...

Driving under the influence is one of the most commonly occurring criminal offenses in Minnesota. When you’ve had a few to drink, the alcohol impairs your judgment, and you might make some poor decisions. One of these poor decisions could be to get behind the wheel of a car. The reason why driving with a BAC of 0.08 or higher is criminalized in Minnesota is because alcohol severely slows your reaction time. Your brain’s ability to process stimuli is delayed, making it extremely difficult to react in time to oncoming traffic, street signs and lights, and other hazards. Read More...

In a victory for drivers everywhere, the Minnesota Court of Appeals held on October 13, 2015 in State vs. Trahan that law enforcement is now required to obtain a search warrant before seeking a blood sample from a non-consenting driver. Read More...

Most people have watched at least one cop show or movie where a person is stopped on the suspicion of driving under the influence of drugs or alcohol and the officer instructs the suspect to perform several field sobriety tests (FSTs).  It is even more frightening when you are the one standing on the side of the road.  The common three standardized tests are: Read More...

As a beautiful Minnesota summer moves towards fall and winter, many people are beginning to think about a favorite past-time here, which is exploring the countryside on a snowmobile.  Although a popular recreational sport, it is important to realize that people are pulled over and arrested for operating a snowmobile under the influence (SWI) of drugs or alcohol on a regular basis.  The penalties for being stopped and charged can be severe. Read More...

There are many things that happen after a person has been pulled over for suspicion of driving under the influence of alcohol or drugs, but one of the critical things that must be done by the arresting officers is the documentation of all the facts leading up to the stop, the investigation into the possible intoxication of the individual, the testing that was performed, and the outcome of the administered tests and how they support an arrest on a charge of driving while intoxicated (DWI). The comprehensive police report is a tool utilized by the prosecution to bring a case against the defendant, but it also can be a strong source of evidence in getting charges reduced or dismissed. Read More...

There are a number of factors that go into a police officer’s decision to pull over a driver and investigate whether or not to arrest that individual for driving under the influence of alcohol or drugs. Although this determination may seem random to the person being pulled over, the fact is that there is a carefully constructed set of behaviors that a law enforcement officer is instructed to observe in order to justify a stop. It is important to think about these things after a DWI arrest because the existence of the factors, or lack thereof, can make a big difference in a case against the driver. Read More...

Machines are only as good as the people who operate them. Even as technology advances and human-machine interaction decreases, problems continue to arise. The same is true for the breathalyzer machine. In March and April of 2015, prosecutors in Massachusetts were forced to reject breathalyzer results due to a “miscalibration” of the machine by police operators. This wreaked havoc in the court system, even if only for a short period of time. The investigation into the nature of the problem satisfied some but angered others, as described more fully below. With this story in mind, it is our hope that experienced DWI attorneys in Minnesota can learn from this recent experience in Massachusetts, as it casts doubt on the validity of this seemingly flawless machine. Read More...

In Minnesota, a driver charged with driving while intoxicated (DWI) not only faces criminal penalties such as potential jail time and fines but also a mandatory license loss. A driver’s license may be suspended after a DWI arrest for failing a chemical test or for refusal to submit to a chemical test. You can request a hearing in the district court for a return of your license if you believe the police made a mistake arresting you. If the judge finds that you are entitled to get your license reinstated in the license case you do not automatically win your criminal case, but it can help. That is why having a competent and experienced DWI lawyer such as Doug Kans fighting for you is crucial for a successful defense. Read More...