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. Read More...

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. Read More...

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. Read More...

If you have accepted a plea bargain, have been convicted of a crime, or have been granted a stay of adjudication, then you may receive probation. Probation is a court-imposed sentence in lieu of actual jail time; however, there are certain requirements that a person on probation must follow. Failure to do so will oftentimes result in probation revocation and your being sent to jail to serve your original sentence. Probation is viewed as a lenient option for courts to maintain some control over a person without sending him/her to jail. Read More...

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. Read More...

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. Read More...

More recently, however, some states have increased criminal sanctions for habitual DWI offenders—including life prison sentences—and this begs the question of whether some penalties are too harsh.

Texas faces numerous habitual DWI offenders

In Texas, a judge sentenced a habitual drunk driver to life in prison for his ninth conviction. The defendant—a 54-year-old man—struck another vehicle while weaving through several lanes of traffic and injured the driver. At the time of the accident, the intoxicated motorist had a blood alcohol concentration (BAC) of .32—four times Texas’ legal limit.

The judge justified his sentence by asserting that the defendant deliberately refused to change his life and continued to drive drunk. By taking him off the streets permanently, the defendant will not have the opportunity to injure—or subsequently kill—someone else. He will be eligible for parole in five years depending on his behavior in prison.

As would be expected, there was outrage that the sentence was too harsh, and many suggested that the court should have considered the defendant’s struggle with alcoholism. Whereas alcoholism is increasingly seen as a medical issue, the judge argued that the defendant should have been more proactive in attempting to seek help. According to the district attorney on the case, by the ninth conviction, a reasonable person would have found some way to not get behind the wheel while drunk.

Also in Texas, a 63-year-old man was given a life sentence for his 12th DWI conviction when he crashed into a stop sign near a local elementary school while driving with a BAC of .27 and on parole for a previous 20-year sentence. Another 62-year-old man with 11 prior DWIs was also sentenced to life in prison after driving with a BAC over four times the legal limit and having removed his electronic ankle monitor while out on bail.

In Texas, repeat DWI offenders comprise nearly five percent of all state prison inmates, with 22 percent of repeat offenders receiving sentences longer than ten years. Hundreds more face more than 40 years or even life sentences.

DWI fatality in Louisiana Read More...

We previously reported on the difficulties of securing convictions for motorists arrested for DWI regarding substances not currently on the state law’s intoxicating substances list. To address this, in March 2018, Minnesota senators examined how current state DWI law addresses sniffing inhalants—better known as “huffing.” Read More...

At the present time, Minnesota law (Statute 169.71) says that a motorist may not operate a vehicle with a cracked or discolored windshield “to the extent that it limits or obstructs proper vision.” But how does one ascertain whether the crack does, in fact, limit or obstruct the driver’s vision? Read More...

Here’s how you can protect yourself this holiday season.

Be cognizant of your actions

1. Don’t drink and drive. It is that simple. To stay safe while on the road, if you have been drinking or using drugs, then don’t get behind the wheel. Even if you’ve only had a few drinks and feel fine, it is best to not drive. Not only might you underestimate the impact of any alcohol you may have consumed, but DWI patrols are oftentimes out in force during the holidays, and if you are stopped—even with a BAC of less than the legal limit of .08—you could still be charged with DWI.

2. If you are celebrating with others, choose a designated sober driver before the festivities are underway. A designated driver is responsible for staying sober for the entire day and during any events in order to ensure that everyone gets home safely.

3. Take advantage of public transportation and rideshare programs. If you don’t have a designated driver, there are many options of which to take advantage: taxi, bus, Uber or Lyft, party buses, and others.

4. If you see someone who is intoxicated trying to get into his/her vehicle to drive home, try to get his/her car keys and offer alternatives for him/her to get home safely.

Get the keys

Getting an intoxicated person’s car keys can be difficult, but if s/he ends up being responsible for a traffic accident or fatality, the situation is much worse, and if you were aware of his/her intoxicated state, you could end up living with a lifetime of guilt.

The U.S. Department of Transportation’s (DOT) National Highway Traffic Safety Administration (NHTSA) offers tips for preventing an intoxicated person from driving by collecting his/her keys:
• Use a calm approach. Suggest to him/her that s/he has had too much to drink and, perhaps, it would be better for him/her to get a ride home instead of driving him/herself.
• Make light of or joke about the situation to minimize friction. Avoid embarrassment at all costs.
• Make it sound as though you are doing him/her a favor.
• While s/he is preoccupied, find the keys and take them. In many cases, the intoxicated person will simply think s/he lost the keys and find another way home.
• If you are close to the person—good friend, spouse, family member, significant other, etc.—inform him/her that you will not be riding if s/he insists on driving.
• If you don’t know the person, talk to his/her friends and ask them to try to persuade their friend to give up his/her keys.

How you can keep yourself safe on the road

Above are tips you can take to ensure you don’t drive drunk, but how do you keep yourself safe from drunk drivers?

1. When on the road, drive as if everyone around you is intoxicated. Keeping your distance from the vehicle in front of you, staying alert for oncoming traffic, and being prepared for evasive maneuvers, if necessary, are all steps you can take to keep yourself safe while driving during the holiday season.

2. Avoid highways, if possible.

3. Avoid driving very late at night as this is when many drunk drivers are on the road.

4. Report any driver you believe is driving while under the influence. By being proactive and reporting a motorist who you suspect of driving drunk, you may save a life.

5. Utilize extra caution at intersections. Many alcohol-related accidents occur at intersections. Therefore, don’t simply assume that someone else will stop at a red light.

6. Under no circumstances, let your friend or family member drive drunk. Regardless of how angry s/he might get at you at the moment, s/he will invariably thank you in the morning.

Whether you drive drunk or sober is up to you; however, while you can’t make someone else not drink, you can minimize his/her effect on the road. The holidays should be celebratory, not tragic.

Happy Holidays and stay safe!