Minnesota DWI Defense Blog

Anyone with a test result of .10 or below could actually been below the legal limit. This also applies to those charged with being twice the legal limit (which brings significantly enhanced penalties) and commercial drivers (who face a legal limit of 0.04). Read More

How are you going to celebrate your Independence Day? Read More

For quite some time, only pilots, CDL holders, physicians, international travelers, and those with security clearances had reason to be concerned about the consequences of a first-time DWI arrest. Now, everyone should be worried. Read More

When you’re looking for an answer to a tricky problem, people will often say that they’re having as much trouble as “looking for a needle in a haystack.” That’s a bad situation to be in . . . but what’s worse is when other people try to “help” you with your problem by doing nothing other than give you more hay, when what you really need is just a needle. Read More

Our previous blog post discussed situations where a Minnesota driver is charged with a DWI under Wisoncon's DWI laws, and possible challenges to any license revocation. This post discusses the flip side of that scenario -- if you DO lose your Minnesota license due to an out-of-state DWI, can you get back behind the wheel on the ignition interlock program? It's harder than you think. Read More

Wisconsin’s statutory scheme does not conform to Minnesota’s laws, and it appears that license revocations and suspensions arising from Wisconsin’s laws should not be used to suspend or revoke one’s Minnesota license . . . if handled properly both in Wisconsin and in Minnesota. Read More

This Thanksgiving season some of our current clients have a lot to celebrate: In the last month we have had three judges throw out our client’s breath test results because of our "source code" issue. Read More

"A PhD in DWI defense implies that we’re at the top of our game – that we are the experts in DWI defense." Read More

It's been a few years since a manufacturing error has caused problems for blood alcohol testing in Minnesota . . . but here we are. We've been provided with what appears to be a valid recall notice for the type of tube used in Minnesota BCA testing kits. The notice is dated June 4, 2021, and impacts kits that expire in September of 2022. Read More

Just in time for the Fourth of July, here's some independence to celebrate: Minnesota just eliminated special series "whiskey plates" in almost every circumstance. Read More

Does Minnesota still need so-called "whiskey plates?" Nobody seems to have a good reason for keeping them around, yet they still exist. For now. Read More

Minnesota continues to struggle over whether or not to legalize recreational marijuana. Proponents point to significant tax revenues, as well as all of the money the criminal justice system will save, while adding that the drug itself is arguably no more dangerous that alcohol. Opponents fear an increase in crime, including driving while impaired by drugs (DUID). Is that a legitimate concern? Read More

Minnesota's Supreme Court recently issued a ruling addressing what the governement does (and does not) have to prove when charging someone with a DWI based upon a driver's use of prescription drugs. And you'd be surprised how easy it can be to be charged with a DWI just for taking your prescription according to your doctors directions. Read More

When a DWI alcohol test is taken more than 2 hours after driving, there are solid scientific reasons to discard that test result -- primarily the fact that the government is going to try to "fill in the blanks" with that test result in a very unscientific manner. We wrote the playbook on fighting these types of tests, and your choice of attorney may be the difference between a lucky victory and . . . a different end result. Read More

It’s easy to live in a comfortable black-and-white world until reality forces us to see the color gray. One example of our gray reality is being arrested and charged with a crime. Even the most die-hard law-and-order types, who say that if you can’t do the time, don’t do the crime, will suddenly want the best lawyer money can buy if they find themselves accused of bad behavior. Now let's talk about pot. Read More

"Specialty Courts" are becoming less special and more common across Minnesota And the trend is providing a great deal of long-overdue care for our veterans. Read More

The COVID pandemic continues to impact Minnesota's criminal justice system. Sometimes in obvious ways, sometimes in ways that may surprise you. As usual, it's up to defense attorneys to make sure their clients don't get thrown under the COVID bus. Read More

A "strict liability" crime is one where it doesn't matter what you intended to do -- if the government can prove you did it, you're guilty. It's the type of crime where the strength of the State's evidence is of the utmost importance; we shouldn't be convicting people of strict liability crimes on substandard evidence. Substandard scientific evidence has always been the foe in the scientific war that's raged in Court for decades. Read More

For the first time in over a decade, Minnesota is seeing defense attorneys fight with the State of Minnesota over access to the source code that governs almost every aspect of our fleet of breath test instruments. We're already getting license revocations thrown out of court -- here's how (and why). Read More

There has been a certain amount of “scope creep” across years of efforts to be "tough on crime." At what point are we working too hard to undermine our constitutional right to due process, a fair trial, and being innocent until proven guilty? Read More