Amidst efforts to decrease the number of alcohol-related traffic fatalities and injuries, a new topic is attracting increased attention. An emerging problem across the country is how to recognize and legislate driving under the influence of drugs, and marijuana is at the forefront of discussion because of the increasing number of states that are legalizing or decriminalizing it—not only for medical patients but for recreational use. Read More...

It almost sounds like something out of a science fiction movie; however, scientists have invented an alcohol sensing tattoo to detect blood alcohol concentration, giving law enforcement another non-invasive tool to try to curb DWIs and alcohol-related traffic accidents. Read More...

In State v. Fawcett, #A15-0938 (24 August 2016), the Minnesota Supreme Court affirmed the appellate court’s ruling that a search warrant obtained to test the blood of a suspected drunk driver who was found to have been under the influence of a controlled substance—not alcohol—at the time of serious automobile accident did not violate the defendant’s Fourth Amendment protection against illegal searches and seizures. The following is a summary of the Minnesota Supreme Court’s decision in this case. Read More...

Why Social Host Liability Ordinances

Alcohol is the primary drug of choice for adolescents and teens. Unfortunately, as a result, this group of people has a much higher likelihood of becoming crime victims, as well as a higher potential to be involved in automobile accidents. In Minnesota, minors are prohibited from consuming alcohol; however, the volume of alcohol-related traffic accidents and fatalities involving minors continues to rise. Read More...

Among the most interesting DWI law related topics in recent months is the attention ignition interlock devices have gotten. One of the most discussed tools to help combat increasing DUI and DWI rates is the ignition interlock device (IID)—also called a breath alcohol ignition interlock device (BAIID). These devices are, essentially breathalyzers for one’s vehicle that works by requiring the driver to blow into the device’s mouthpiece before s/he can start the vehicle. If the breath-alcohol concentration is higher than the BAC (blood alcohol concentration) levels programmed into the device, the IID prevents the individual from starting the vehicle. Read More...

The dissenting opinions, however, painted the ruling as one that would give police more incentive to make illegal stops with the hopes of finding a reason to search for evidence of a crime. Let’s take a little deeper look at Utah v Strieff and its effect on your Fourth Amendment rights. Read More...

Excessive alcohol consumption in daily life has many consequences. Alcohol consumption is a leading factor in social, behavioral and medical problems. A New Study shows a connection between Alcohol Consumption and declined breathing. The study published in Chest magazine was led by Loyola Medicine and Loyola University Chicago and is the first evidence of a connection between alcohol consumption and breathing. The significance of the study is bigger than most realize. Read More...

It is true that the wonderful world of free enterprise and the American way is conducive to enterprising ideas and business. Recently Uber has knocked the enterprising spirit out of the ballpark. Where else can ordinary people sign up to make money using their own car, on their own time, to drive people from place to place? According to Uber’s website over a million drivers have signed up. One of the many perceived perks is people out drinking call or use the app to hail an Uber instead of driving drunk. Has the rise of Uber decreased incidents of DWI? Read More...

It is exciting and stressful when your teen gets their driver’s license. Independence is at hand for your teen. A scary new world of a powerful vehicle under the complete control of your teen and his or her decisions. Driving and traffic laws are designed to keep everyone safe on the roads. There are so many current dangers of distracted teen driving. Read More...

In Minnesota, you face lengthy jail time, license loss, and fines for driving while impaired. These potential penalties become more severe if you have a bad driving history. Minnesota law allows a judge to sentence a person who was convicted of driving while impaired more harshly if the person has qualifying events within ten years of the date of the arrest for driving while impaired.  Three prior qualifying offenses can make the ordinary DWI case and turn it into a desperate fight for freedom.  A recent decision from the Minnesota court of appeals illustrates this point clearly. Read More...