Anyone who has ever been arrested for drunk driving has likely experienced being transported back to the police station to have a breath or other chemical test performed to determine intoxication. Most people assume police will look at the result and either charge or release the driver based on the result. Anything 0.08 percent or higher will lead to charges and anything 0.79 or less will result in a trip home. Read More...

Though the Supreme Court often receives substantial attention regarding the cases it decides, it seldom gets much press regarding the cases it declines to hear. Though declining to hear a case doesn’t lead to any interesting or precedent-making opinion, it can still be important in resolving a pressing legal matter. Read More...

In the state of Minnesota, a DWI conviction is classified into four: a First Degree DWI, a Second Degree DWI, a Third Degree DWI, and a Fourth Degree DWI. The degree of DWI charge you face is dependent on how many aggravating factors are present at the time of your arrest. Read More...

Probation is one of the most common penalties faced by DWI offenders in Minnesota and throughout the country. The purpose behind serving probation after a DWI is to prevent – or at least decrease the possibility- of repeat DWIs or DUIs in the future. Almost every state enforces some form of probation for a DWI charge. The exact conditions, however, depend on state laws. Read More...

A sad case out of Nebraska has sparked public attention after a young woman was seriously injured in a crash with an impaired driver. The accident happened one recent evening in Omaha when an 18-year-old, high on inhalants, slammed into Lindsey Anderson. Anderson suffered broken bones and has undergone four surgeries so far to repair the damage caused by the crash. To many people’s amazement, the driver that caused the wreck faces only relatively minor charges, including reckless driving and being under the influence of an inhalant. No DUI. Read More...

The federal government appears to be ready to make an important foray into regulating the punishment of convicted drunk drivers, an area that has largely been left up to the states. A measure proposed by Democratic Representative Nita Lowey is aimed at forcing states to mandate the use of ignition interlock devices for those convicted of a drunk driving offense. Read More...

In the state of Minnesota, particularly in Hennepin County, the Fourth Judicial District Adult DWI Court exists to reduce the number of DWI-related accidents and fatalities, as well as to increase public safety throughout the state. Read More...

A recent lengthy article in the Charleston Post and Courier discussed how the state’s law enforcement officials struggle to convict drunk drivers due to a bizarre requirement not seen in other states. The laws in South Carolina are clear that police must submit video evidence showcasing drunk driving arrest procedures. Without this evidence and without it being complete, courts have continually tossed out drunk driving charges. Read More...

The use of no-refusal DUI checkpoints continues to increase across the country, with several states and municipalities announcing they would utilize such no-refusal checkpoints, especially over busy travel holidays. Some have wondered about the legality of the approach and whether allowing no-refusal drunk driving stops is constitutional. Read More...

Under Minnesota criminal law, a felony is defined as any crime where incarceration of over one year may be imposed. Read More...