On August 19, 2015, the Minnesota Supreme Court issued a potentially game-changing decision in State v. Lindquist. In a 4–3 decision, the Court held that the “good-faith exception” to the exclusionary rule applied in a driving while intoxicated (DWI) prosecution. While the majority opinion, written by Justice Anderson, clearly indicated this is a very narrow exception to the exclusionary rule and implied that it is not likely to frequently resurface, the dissent vigorously disagreed. The dissent argued that the good-faith exception should not apply in this case and voiced concerns about expansion of the rule into areas the Court has declined to extend itself previously. While the good-faith exception applied in this case, it may not apply in others. Read More...

Undoubtedly, opiate addiction in the United States has reached epidemic proportions. Specifically, heroin is cheaper and more plentiful than ever before, and prescription pill abuse is rampant, according to the MinnPost(see link below). As the number of addicts increase, so too will the instances of driving while impaired by heroin. Read More...

If you have been arrested for drunk driving, it is imperative to know that certain behaviors can negatively influence your case or complicate your case further. Read More...

Given the recent deregulation and decriminalization of marijuana in some states nationwide, and the specter of more states considering the same, more and more law enforcement officers may encounter a greater number of people driving while high on marijuana. Potentially dangerous in its own right, marijuana combined with alcohol is a highly dangerous mix. Specifically, alcohol intensifies marijuana’s effects and decreases a person’s ability to drive safely. One must understand that mixing the two can create hazardous situations for the driver and anyone else on the road. Read More...

Drivers who have previously been convicted of driving while intoxicated (DWI) frequently re-offend. The threat of stiffer penalties, including mandatory jail time, license loss, vehicle forfeiture, and other non-criminal sanctions appear to have very little deterrent effect. Drivers with previous DWI convictions must be aware of the increased penalties for subsequent offenses and avoid driving while intoxicated with prior qualifying offenses. Read More...

Police in Minnesota are trained to administer field sobriety tests to a driver they suspect may be driving under the influence of drugs and/or alcohol. The field sobriety tests, if administered correctly and under proper conditions, can be a reliable indicator of the sobriety level of a driver. However, field sobriety tests are far from foolproof. Improper administration, improper instruction, inadequate lighting, and uneven ground are factors which will distort the accuracy of this test. During the trial, especially during cross-examination, errors in test administration, result interpretation, test explanation, and environmental defects can be shown to the jury in an attempt to exculpate the accused.  Examination on these points can show the jury that, even if the driver “failed” the 9-step walk and turn field sobriety test according to the police officer, the driver was not actually driving while intoxicated. Read More...

OK, the short answer is absolutely, but let’s explain.

If you are accused of a DWI in the state of Minnesota, the U.S. Constitution entitles you to obtain attorney representation. Of course, there is no law that requires you to have representation from an attorney when charged with DWI or any other drunk driving-related offense. So often people ask “Do I even need an attorney?”. Read More...

Drivers in Minnesota have known that driving with a blood alcohol concentration (BAC) higher than .08 but less than .20 constitutes a misdemeanor DWI. Individual drivers found guilty of this crime could face up to 90 days in jail and/or pay a fine up to $1,000. On the other hand, those who were found to have a BAC of .20 or higher are charged with a gross misdemeanor and are subject to tougher penalties. Read More...

Under the United States justice system, the defendant is assumed to be innocent until he or she is proven guilty in a court of law. This is because as a U.S. citizen, you are granted numerous essential rights and liberties, including the presumption of innocence should you ever be accused of committing a crime. This means that if you are involved in a DWI case, your guilt must be proven beyond a reasonable doubt before you can be convicted of the DWI charges against you. Read More...

According to DWI law in Minnesota and all other states, it is considered unlawful for you to operate, drive, or be in physical control of a vehicle with a blood alcohol concentration of .08 percent or higher. It is not necessary that the DWI suspect show signs of impairment. As long as it can be proven that your BAC level is above the legal limit, then you may be arrested for DWI. Read More...