Minnesota DWI Defense Blog

While Tom Petty has moved on to a better place (and may he rest in peace) his lyrics are going to be with us forever. That includes the old gem "The Waiting Is The Hardest Part." And he was right . . . even if he wasn't exactly talking about "waiting" for a Supreme Court decision. Read More

Breath alcohol testing has some benefits over blood and urine alcohol testing . . . but it also has a couple significant drawbacks. What is "mouth alcohol" and why does it invalidate a breath test result? Observe and learn . . . Read More

There are still a few open spots available for the Minnesota Association of Criminal Defense Lawyer's Annual Fall CLE -- and it's one of those rare CLE's that qualify as a "must attend" event for anyone who practices criminal defense. Read More

Immigration law is in turmoil, and non-citizens facing criminal charges are at high risk for deportation, denial of green cards or citizenship, and a wide range of other disproportionate consequences. Here's how we help them preserve their lives in the United States and their places on the pathway to citizenship -- as shown in two recent negotiation victories. Read More

Back in February, we filed a class action lawsuit against the State of Minnesota and the various providers of ignition interlock services, based on violations of the Minnesota Government Data Practices Act and drivers' Fourth Amendment rights. Here's an update. Read More

Every breath test involves an observation period to make sure a driver isn't burping, vomiting, or putting anything in their mouth that might interfere with the testing process due to "mouth alcohol." Previous case law reduced the observation period nearly to a formality. We resurrected it -- and we'll show you how! Read More

It's one of Ben Franklin's more memorable quotes: "I would rather have it said, 'he lived usefully,' than, 'he died rich.'" It's a sentiment that has been around, in one form or another, since humans started writing things down, and it usually boils down to the old simple cliche "you can't take it with you." So what does this have to do with DWI defense? Read More

A recent win for Ramsay Law Firm! So you don't trust the breath test machine the police want you to take, but they won't let you get your own blood test on your own dime. Good news, friend! Their case against you can fall apart if they don't vindicate your right to an independent test. Read More

Imagine you're on trial for killing your mother. Only one witness puts you at the scene of the crime at the right time. You're convicted of second degree murder after a harrowing trial. A few days later, one of the prosecutorial team comes forward and says "Hey, actually, there's this note from our key witness, saying that he was on drugs that whole night and might not have any memory of what he saw. Oh, and we've had this note all along, but we didn't tell the defendant's lawyer because we . . Read More

It's an argument that is picking up steam: whether Minnesota's practice of seizing vehicles involved in DWI cases for forfeiture is constitutional. We recently convinced a district court judge to return our client's forfeited vehicle, based on the argument that the whole statute violates the Due Process clause of our Constitution. Because it does. Read More

Michael Floyd, an NFL wide receiver who may-or-may-not be on the Vikings roster for the 2017 season, is facing criminal consequences for failing several breath alcohol tests while on probation for DWI. His defense is that the failed tests were the result of fermented Kombucha Tea, not intentionally consuming alcohol. Does such a defense make sense? Read More

So, we promised part two of our analysis of the new DWI law changes that in coming into effect in Minnesota on July 1 . . . two weeks ago. Sorry about that, things got busy. But "busy" means "way more blog material" so hopefully we'll have some more fun stuff for you in the upcoming weeks. But for now, here's part 2! Read More

Governor Mark Dayton just signed into law some long-awaited changes to Minnesota's DWI laws. The changes are rather sweeping -- some of them are designed to correct the portions of the law that were struck down as unconstitutional in 2016, while others add some additional protections and procedural safeguards to some outdated portions of the law. We'll break down these changes for you and explain what they mean for the future. Read More

We've just received disturbing news: One member of the Minnesota Attorney General's Office has decided to try and jump-start a new career as a folk singer. His first performance will be on Thursday, May 18, 2017 at the Lake Monster Brewing Company, and this spectacle is rapidly shaping up to be the "must attend" event of the year. Read More

A very important case before the Minnesota Supreme Court has just taken an unusual turn. The case we're talking about is State v. Phillips; the important issue in the case is the effect of Minnesota's unconstitutional Implied Consent Advisory on cases where drivers submitted to warrantless blood and urine tests. The unusual turn? Ms. Phillips, the person who appealed her conviction, just passed away. Read More

It might not be too much longer before we start to see a new type of DWI testing being used across Minnesota -- the "Marijuana Breathalyzer." One company claims to have developed a sensitive, portable breath testing device that can determine if someone is under the influence of marijuana while driving. Will such a device make the roads safer . . . or just cause more problems? Read More

On Wednesday, the Minnesota Supreme Court issued a troubling decision that transformed what appeared, on its face, to be a fourth degree, misdemeanor DWI into a felony-level offense. The result was that one man will spend 48 months in prison instead of (perhaps) one weekend in jail. That's an expensive lesson that can largely be blamed on our Legislature. Read More

DWI Forfeiture laws -- laws that allow the State to seize private property for profit -- cause a lot of financial and emotional distress for those who not only have to deal with the process of being arrested, but who then have to deal with the consequences of losing their vehicle as well. Coming soon, it will be a little harder for the State to seize vehicles used during DWI offenses . . . and that's a good thing. Read More

It seems like every day brings a new variety of troubling news, and yesterday was no exception. Yesterday was when Attorney General Jeff Sessions announced that he was ending the National Commission on Forensic Science, an advisory panel that was built to "enhance the practice and improve the reliability of forensic science." This is a huge step back for the criminal justice system. Read More