In addition to the loss of a driver’s license, a new law in Minnesota prohibits those convicted of driving while intoxicated (DWI) or operating a snowmobile, motorboat, or ATV from operating those motorized machines. A DWIor boating while intoxicated (BWI) conviction now prohibits the operation of a motorboat between May 1 and October 31 for… Read more »
Hoping Someone Gets Killed Not Terroristic Threats: MN Court Appeals
Yesterday, the Minnesota Court of Appeals reversed a conviction of Felony Terroristic Threats based on an alleged threat to a state trooper. During questioning regarding a DWI breath test by the trooper, the motorist told the trooper the following: “It is no wonder people are killing you guys. I truly hope that you are one of… Read more »
No license revocation after refusing DUI urine test: MN Court of Appeals
The MN Court of Appeals issued an opinion today upholding the reinstatement of a driver’s license when the arresting officer misled a driver by stating that refusing a urine test is a crime. In the case decided today, the Commissioner of Public Safety revoked the driver’s license after he refused urine and blood tests. The… Read more »
MN House passes bill to limit DWI immunity for legislators
April 10, 2014 Yesterday, the Minnesota House of Representatives passed H.F. 2281 with a vote of 115-13 in favor of the bill. The bill has been forwarded on to the State Senate for consideration. The bill, if enacted into law, would make a DWI a “breach of the peace,” allowing the lawmaker to be arrested… Read more »
NTSB Recommends DWI limit reduced to .05
The National Transportation Safety Board (NTSB) announced its recommendation to reduce the DWI Blood Alcohol Content from .08 to .05. The NTSB’s lowered legal blood alcohol recommendation is based on evidence in other countries that suggests a the lower limit is attributed to a significant drop in alcohol related highway deaths. _____________________________________________ Coley Grostyan is… Read more »
Dismissal of Segway DWI Charges upheld
The Minnesota Court of Appeals upheld the dismissal of DWI charges against a man who was arrested for operating a Segway while under the influence. The court held that a Segway is not a motor vehicle under Minnesota law and stated that “excluding the operation of Segways from the DWI statutes avoids an unreasonable and… Read more »
MN Supreme Court: No correlation between blood and urine alcohol concentration needed for DWI
Yesterday in State v. Tanksley, the Minnesota Supreme Court held that to convict someone for driving while impaired, (DWI), a urine test for alcohol does not need to correlate to blood alcohol concentration. The Court based its decision on the fact that urine testing is one of three approved methods to determine alcohol concentration under… Read more »
Florida Courts Question Reliability of Intoxilyzer DUI Results
In October, 100 DUI cases were dismissed in Florida due to inaccuracies of Intoxilyzer 8000s. The Intoxilyzer is a breath test machine used by law enforcement that measures blood alcohol content of those suspected of driving while intoxicated. Blood alcohol content test results are critical DWI prosecutions. In those DWI cases that were tossed by… Read more »