Drug-free zone laws are among the longest running sentencing policies in the US. These laws were enacted during the early 1980s as part of the “War on Drugs” during the height of the crack cocaine epidemic and were designed to increase penalties on those offenders who committed drug crimes in areas near children-heavy areas.
Drug laws encompass many illicit activities: possession, manufacture, sale, trafficking, distribution, and transportation and are based on the type and quantity of drug. Despite prescription drugs being generally legal, there is a fine line as to when these drugs are handled illicitly.
According to the National Institute on Drug Abuse (NIDA), misuse of prescription drugs involves taking dosages in a manner other than prescribed, using another person’s prescription, or taking a prescription medication in order to reach a “high.” With a steady increase in drug prescriptions—especially for opioids—the potential for misuse and abuse is even greater.
There are three classes of prescription medications that are most commonly misused: opioids, depressants, and stimulants. Opioids include pain relievers such as oxycodone and hydrocodone. Depressants include such drugs as tranquilizers, hypnotics, and sedatives. Stimulants include ADD/ADHD treatments and prescription diet pills.
Statistics
Over the past 15 years, prescription drug misuse and abuse have increased as evidenced by more emergency room visits, treatment admissions for addiction, and overdose deaths, the latter of which have increased nationwide five-fold since 1999. Further, prescription opioid abuse alone carries with it a high price tag—more than $78 billion in lost work, healthcare, crime, and productivity.
In Minnesota alone, opioids are a serious problem, thus resulting in more than 400 opioid-related deaths in 2018 alone.
Nationwide, in 2016, opioids were responsible for two thirds of the nearly 64,000 overdose deaths and opioid abuse has been blamed as the primary responsibility for lowering life expectancy in the US over the past few years.
Many experts assert the opioid crisis isn’t just opioids. Both illicit and legal prescription drugs have contributed to the problem; however, prescription opioid use has increased exponentially over the past few years and has received the lion’s share of attention in legislative and medical efforts to combat the problem.
Minnesota prescription drug crimes and penalties
Pursuant to
Minnesota law
Earlier in June, the Minnesota Bureau of Criminal Apprehension (BCA) issued a significant recall of blood alcohol testing kits provided by manufacturer Becton Dickinson (BD) causing speculation over whether thousands of DWI cases will subsequently be thrown out in court. In fact, BD initially issued the voluntary recall.
Technology has come a long way in addressing and reducing impaired and distracted driving. However, with all of this advancement, drunk driving continues to be a serious problem across the US.
According to the National Highway Traffic Safety Administration (NHTSA), there are nearly 30 traffic fatalities daily due to drunk driving. In 2017 alone, nearly 11,000 deaths were attributed to drunk driving crashes at a cost of more than $44 billion. The same goes for distracted driving in which individuals who text or check emails while driving are eight times more likely to be involved in an automobile accident.
Several vehicle manufacturers—especially Volvo—have introduced new technologies in their vehicles to help eradicate this ongoing problem.
Volvo—A leader in safety
Volvo has always been among the industry leaders in terms of safe vehicles; however, the company is taking an additional step by installing active technology to combat drunk and distracted drivers. Such technology includes in-car cameras that are able to evaluate and monitor drivers’ actions and identify whether a driver is impaired.
The specifics are not currently known; however, these cameras will be able to identify drivers who close their eyes or direct them away from the road for extended periods of time while also identifying erratic steering, excessively slow reaction times, extreme weaving and lane changes, or other clues that a driver may be impaired and/or otherwise distracted. If impairment or distraction is identified, Volvo says that several warnings and/or automatic responses could take effect such as limiting the vehicle’s speed, making the car stop safely, or notifying Volvo’s On Call service who could dispatch police and or medical personnel.
Volvo reports that this technology could be installed in its new vehicles in the early 2020s in addition to other new technology to limit speeds on its vehicles to 112 mph (180 km/hr).
Other manufacturers
Nissan has introduced a drunk-driving prevention concept car as well with new alcohol odor high-sensitivity sensors being built into the transmission shift knob to detect alcohol in a driver’s hand perspiration as s/he starts driving. If the detected alcohol is above a predetermined level, the vehicle locks the transmission so the car cannot be driven. Other sensors are also used throughout the driver’s and passenger seats in order to detect the presence of alcohol in the air inside of the car. If alcohol is detected, the vehicle issues voice and navigation system alerts.
Nissan is also investigating the use of in-vehicle cameras to monitor the driver’s face as well as other systems that can identify distracted or impaired driving behaviors and notify the driver via seatbelt tightening mechanisms or other audio/visual notifications.
Other manufacturer efforts
A consortium of automakers is investigating other potentially life-saving onboard technologies such as special touch pads in push-to-start buttons and steering wheels, on-board ignition interlock devices (IID), and air sensors to identify whether a driver is under the influence. Of course, these devices must be “
highly accurate, very fast, and completely passive
Even though Canada has legalized recreational cannabis—medical marijuana has been legal since 2001—the US border crossing continues to be a drug-free zone because, under US federal law, cannabis remains illegal despite legalization in some states. Thus, anyone caught with marijuana at the border is subject to arrest and prosecution under federal law, as well as potential seizure, denial of admission, and/or fines. The same potential serious effect applies to driving under the influence of alcohol.
What you need to know
Earlier this year, Minnesota joined 17 other states and Washington, D.C. in requiring that any motorist in a moving vehicle must have his/her cellphones in hands-free mode.
Distracted driving continues to be a serious problem on Minnesota—and US—roadways where distracted driving is the cause of one out of five accidents. Further, drivers who talk on the phone while driving are four times more likely to have an accident while those who text are eight times more likely to be involved in a crash. However, according to the AAA Foundation for Traffic Safety, even though the majority of drivers cite distracted driving by others as their number one concern, approximately half of these drivers send text or email messages while driving themselves.
In order to spread the word, the Minnesota Department of Public Safety, law enforcement agencies across the state, and individuals who have lost loved ones to distracted driving are joining forces to educate the public about the new law before it takes effect in August.
Lead up to the law
Law enforcement agencies collaborated on a three-week long statewide crackdown on distracted drivers back in April. By disguising themselves as utility workers, construction workers, and panhandlers—as well as by boarding school buses and waiting at other higher vantage points such as traffic signals and utility poles—officers have had to use such creative tactics to apprehend distracted drivers.
This crackdown was in response to a five-year high in texting while driving citations in 2018 across the state.
Provisions of the law
Texting, email, and browsing the Internet while driving was already illegal under current state law; however, talking on the phone was acceptable provided the driver was not distracted. Under the new law, such calls are only permissible if the phone is in hands-free mode, excepting emergency phone calls.
Previously, officers must observe a driver texting or emailing before initiating a traffic stop; however, after 1 August, police will be able to lawfully stop motorists who are holding a phone while driving, and this includes while at a stoplight or stuck in traffic.
Exceptions
If you have been convicted of a DWI, you may be required to have an ignition interlock device (IID) installed in your vehicle. Such a device requires you—as the vehicle’s owner—to provide a breath sample before driving and will prevent the vehicle from starting if it senses any alcohol on your breath.
There are several questions you may want to ask the person who installs your IID to ensure that you follow all requirements and that it works as it should. If you are unaware or unsure about something, your probation officer or the court will not let it slide. Ignorance is no excuse, so in order to make the best of your situation, you should be as informed as you can.
Questions to ask
Of course, the most basic and important question to ask the IID installer is how you should use the device. There is much more to it than simply blowing into the tube. Most devices require a specific blow pattern in order to obtain an adequate result. Make sure you ask the technician exactly how to use the device and be sure you fully understand. Ask him/her to demonstrate if you are still unsure.
The second most important question pertains to the device’s maintenance and calibration upkeep. Electronic devices need to be re-calibrated and maintained according to a specific schedule, so be sure to ask your installer about this schedule. Failure to maintain the device accordingly may render it misaligned with state requirements, and you could end up getting in trouble.
Next, you should ask the installer what you should do if you get locked out since every device has this function to prevent the vehicle from starting after a failed result or too many failed attempts. Be sure you understand the situations that could result in a lockout and the steps you should take should this occur.
In most cases, states, courts, or probation officers require that you submit proof of IID installation. The installer can provide you with said proof—usually a certificate—that you can provide to ensure that the terms of your probation or other court order are being followed.
The cost of the IID is another frequently asked question. This depends on how long you are required to have it installed in your vehicle. As would be expected, the longer the time, the higher the price. Additionally, the court or probation officer may require the addition of certain features such as GPS, real-time reporting of test results, or a camera that photographs the user. Again, as would be expected, the more features your IID has, the higher the price will be.
Finally, you will want to replace the mouthpieces regularly as this will keep your IID clean and sanitary. Further, if someone else drives your vehicle, extra mouthpieces are definitely nice to have. Many installers sell extra mouthpieces or can provide you with a list of authorized locations near you where you can purchase more.
The bottom line
If any of these questions remain unanswered—or you have additional ones after the installation is complete—you can ask the court, your probation officer, or your attorney. Just remember, failure to abide by the terms of a court order or probation is a sure-fire way to have your probation revoked or otherwise get you into extra trouble.
Probation terms and conditions are unique to each individual and take into consideration the fact of the case, type of crime, offender’s criminal history, and other pertinent information. These sentences may have requirements such as:
If you break the terms of your probation, you can be charged with a probation violation, face potential probation revocation and, in some cases, additional criminal charges.
Minnesota probation violation law and the Austin factors
Back in 2017, we reported on the new state law that permits innocent owners to request a hearing to prevent their vehicles from being confiscated if they lend their vehicle to someone who is ultimately arrested for DWI. However, this law recently came under attack when an innocent owner’s vehicle was seized and impounded for 18 months while her daughter’s DWI criminal trial concluded.
Being arrested in Minnesota—well, anywhere actually—is not only stressful but can also be scary. Here are some tips about what to do—and what not to do—if you do get stopped and/or arrested in Minnesota for driving while intoxicated.
Top 20 DWI Questions in MN
