What Are Your Rights To An Independent Chemical Test in Minnesota?
Persons arrested with driving while impaired (DWI) in Minnesota have the right to submit to a chemical test administered by the government. They also have the right to ask for an independent chemical test.
The Impact of Birchfield v North Dakota (Bernard)
There has been a lot of uncertainty regarding Minnesota’s DWI laws since the Supreme Court of the United States (SCOTUS) granted review of three DWI cases in December of 2015. The three cases that were granted review were Birchfield v. North Dakota, Beylund v. Levi (Out of North Dakota), and Bernard v. Minnesota. The issue in these cases was whether or not the state can charge an individual arrested for DWI with refusal to submit to a chemical test in the absence of a warrant.
Are you aware of all of the consequences you face when deciding to take a chemical test after an arrest for driving while impaired (DWI) in Minnesota? The arrested individual should be aware that the police will not tell you everything you need to know to make an informed decision when asked to submit to a chemical test. The arrested DUI suspect needs to know more than the police are obligated to tell them. Familiarizing yourself with the consequences of taking, or not taking, a chemical test before being thrust into a situation when you need to make that decision may help you make the right choice for you later on. Talk with an experienced Minnesota DWI attorney about your rights
Minnesota’s lakes have always been popular destinations for boating and fishing, particularly during the summer months. Sometimes those who partake in this enjoyable recreational activity also view boating as a chance to relax and enjoy a few or more alcoholic beverages. However, did you know that you can possibly be arrested and charged with the crime of boating while intoxicated in Minnesota?
United States Drunk Driving Fatality Statistics
Laws in all fifty states prohibit driving with a blood alcohol concentration of 0.08 percent or higher. However, while impaired driving is illegal some people still choose to drink alcohol and drive or operate their vehicles, which can have potentially devastating results, including accidents that cause serious bodily injuries or even death.
In most cases, transporting your children to and from school via school bus is typically a safer option than most other vehicles and other forms of transport. However, school bus accidents still do occur. However, did you ever think it might be because the school bus driver with whom you entrusted your children was drunk? A couple years ago in Winona County, a school bus driver was charged with DWI after crashing into a tree with children on board the bus. Fortunately, none of the five young children on the bus were injured, but the bus driver will probably face serious criminal consequences if he hasn’t already.
Following a drunk driving arrest in Minnesota, you may face criminal penalties such as jail time and fines. However, chances are you will also face administrative sanctions, including the suspension of your driving privileges for a period of time, particularly if you fail or refuse the breath or other chemical test at the station after a DWI arrest. Depending on the circumstances of your case, and after a certain waiting period, you may be able to qualify for a limited license to drive to work, school, or to your doctor. But if you decide to drive before obtaining a limited license, or drive despite the fact that you will not or do not qualify for a limited license, you can face serious criminal consequences.
Advanced Ignition Interlock Technology Could Be Required on All Vehicles Regardless of Whether You are Convicted of DWI or DUI
With one in seven Minnesotans have a DWI on their record, the state has a bustling and active DWI enforcement system comprised of DWI courts, prosecutors, and law enforcement agencies. Minnesota law criminalizes driving while under the influence of either alcohol or drugs, and the police involved in enforcing this law are very strict about making an arrest whenever intoxication is suspected. The number of defenses available to intoxication is fairly low. For instance, your MN DWI defense lawyer could argue that the officers did not have probable cause to stop your car or that the breathalyzer machine was not calibrated properly. However, the Minnesota legislature is now contemplating adding a new line of defense – necessity.
While it is commonly known that drivers’ licenses may be revoked due to a Minnesota DWI, but not many individuals are aware of the fact that license plates may also be impounded.
Top 20 DWI Questions in MN
