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We went way back to our archives to look at the initial interference testing by the manufacturer of the DMT. It turns out that the fuel cell needs to be turned on to identify chemicals on a person's breath that could inflate their alcohol score. Read More
The State breath alcohol lab has been hiding problems with the breath alcohol machine for over ten years. It's time to shut it down. Our latest findings show that the fuel cell is necessary to detect interfering substances. Read More
State breath alcohol lab technicians approved a machine that failed to meet their standards. This shoddy machine has been in use for over 10 years now. It's time to set the record straight. Read More
Last week, a judge out of Stearns County, MN ordered that a breath alcohol test of one of our clients be suppressed. Read More
The BCA has been mishandling bias in their breath testing machines. It's time they come clean and correct the issue. Read More
The citizens of Minnesota deserve to question those who call them guilty, even if it is a little black box called a Breathalyzer. In the case of the DataMaster DMT, they deserve to look at the code that defines their guilt. Read More
The MN BCA Breath Alcohol lab admits they don't have a procedure for making acetone solutions. The lab has been using a word-of-mouth recipe for over 10 years! Read More
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
