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

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

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

We ended part 2 of this 4 part blog series with the question: “We’ve been down this road before and we learned from it. Right?” The answer is, Yes! . . . but apparently, it didn't take long for some of us to forget . . . Read More

Part 2 of our 4 part blog series exploring the software (source code) that controls every aspect of Minnesota's breath testing machine -- the DataMaster DMT. Read More

Part 1 of our 4 part blog series exploring the software (source code) that controls every aspect of Minnesota's breath testing machine -- the DataMaster DMT Read More

After the highly-publicized Noor trial, prosecutors, the media, and the public are increasing their scrutiny of the practices and potential biases of Minnesota's own Bureau of Criminal Apprehension (BCA). This isn't surprising to us -- we've been criticizing their biases and practices for years. What is surprising is how long it took for everyone else to notice. Read More

Our ten-year blog-aversary (we've been practicing criminal defense far longer than 10 years) came and went without much fanfare, but as this year draws to a close we make note of that anniversary now. In our first blog post we said the purpose of the blog was "to share information and promote excellence." We believe we've done that and continue to do so. 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

"I deem you to have refused the breath test." This decision or "deeming" is a critical moment during a DWI arrest. Usually a refusal communicated by saying "no" to a breath test, but sometimes a driver is charged with refusing based on their actions, or better put, their inaction. Read More

In another blow to Minnesota's breath testing program last week a Hennepin County Judge ruled in this Order the Commissioner of Public Safety failed to prove our client's alcohol concentration was 0. Read More

One of the most difficult hurdles our clients face is the potential loss of their license. Read More