Minnesota's Implied Consent Law: Is It (Again) Unconstitutional?
Shoot First â?? Ask Questions Later
Under a shoot-first-ask-questions-later philosophy, the Minnesota Commissioner of Public Safety can take away drivers' licenses without first conducting a hearing on the propriety of the revocation pursuant to the Minnesota Implied Consent Act. Read More
DWI Urine Alcohol Testing Case Set for Oral Argument
The Minnesota Supreme Court has set State v. Read More
Pt 2: Imprecise DWI Tests: Good Enough for Government Work?
Last week we told you that the scientific community requires blood, breath and urine tests be reported not as a certainty, but with a confidence interval that has a high probability of containing the true alcohol level. Read More
Imprecise DWI Tests: Good Enough for Government Work?
Minnesota analyzes drivers' blood, breath and urine to determine a specific level of alcohol concentration. Read More
The Source Code Shuffle - How the District Courts Are Handling the Intoxilyzer 5000 Appeal.
Currently, the consolidated source code litigation, originally presided over by Judge Abrams, is up on appeal before the Minnesota Supreme Court. Read More
Breaking News: Supreme Court Grants Accelerated Review of Source Code Appeal.
The Minnesota Supreme Court has accepted accelerated review of the appeal that was made of Judge Abrams' Order as part of the consolidated Source Code litigation. Read More
Beware the Overzealous Prosecutor: Being Charged With A Crime Does Not Mean You Committed a Crime.
Far too often we field calls from people who were recently arrested for DWI and just want to "plea and get it over with. Read More
Refusing to Submit to DWI Testing: Minnesota Supreme Court Reverses Conviction
Recognizing that Minnesota's DWI test refusal law is more complicated that meets the eye, this week the Minnesota Supreme Court reversed the conviction of a man convicted of refusing to submit to a DWI test in State v. Read More
Get Me OUT! Your Options When Being Detained After a DWI Arrest.
Many times the consequences for being arrested for DWI start before you even appear in court. Read More
Minnesota Intoxilyzer Source Code Update: Commissioner of Public Safety Files Petition for Accelerated Review.
Yesterday the Commissioner of Public Safety filed a Petition for Accelerated Review with the Minnesota Supreme Court. Read More
DWI Urine Tests: Minnesota Appellate Court Signals Need for Search Warrant.
The Minnesota Court of Appeals issued an order last week which could signal a dramatic shift in the way DWI alcohol tests - especially urine tests - are conducted, while breathing new life into the Fourth Amendment. Read More
Breaking News: Review Granted in Consolidated Source Code Litigation
The thousands of consolidated DWI cases stemming from tests on the Intoxilyzer 5000EN, previously heard by Judge Abrams in the First Judicial District, have officially been accepted for review by the Minnesota Court of Appeals. Read More
Going Into Effect July 1: The Law of Unintended Consequences
nesota's expansion of ignition interlock devices this summer may cause more problems than state officials anticipated. Read More
Minnesota Intoxilyzer Source Code Update: Responses to the Appeal.
Today, the Office of the Minnesota Attorney General on behalf of the Commissioner of Public Safety and Prosecution Liaison Counsel for the State of Minnesota filed responses to the Appeal of Judge Abrams' Order. Read More
Minnesota Intoxilyzer Source Code Victory: Why Deficient Samples Must Be Dismissed.
Judge Abrams ruled at the conclusion of the consolidated source code hearings that the Intoxilyzer cannot reliably determine deficient samples. Read More
Intoxilyzer Source Code Victory: Judge Rules Machine Cannot Reliably Determine Deficient Samples.
Minnesota continues to use Intoxilyzer 5000 Despite Hundreds of Defective Breath Cases Annually. Read More