This blog is part two of a two-part series discussing the intoxication defense. Included is information about how the intoxication defense can be presented in court. Part one discussed the two different types of intoxication defense, and when they can be used.

This blog is part one of a two-part series discussing the intoxication defense. Included is information about involuntary intoxication, voluntary intoxication, specific intent crimes, and general intent crimes. Part one discusses the two different types of intoxication defense, and when they can be used. Part two will discuss how the intoxication defense is actually used in court.

How much evidence does an officer have to gather before the can legally conduct a traffic stop? This blog examines how easy it is for officers to conduct traffic stops and discusses a recent decision from the Minnesota Court of Appeals highlighting the low burden that must be met by officers conducting traffic stops.

Generally, following a DWI arrest, the Minnesota Implied Consent Advisory is read, the driver is given the opportunity to consult with an attorney, and the driver is asked to submit to a breath test. However, what happens when the Implied Consent Advisory is not read? This blog discusses a recent decision from the Minnesota Supreme Court that answers that question and also discusses how the decision can be applied going forward.

The Minnesota Legislature passed new DWI laws set to go into effect on August 1, 2018. This blog discusses how the new laws differ from the existing laws and what that means for those facing DWI charges in the future.

When can police bring a drug-sniffing dog to an apartment? In a recent opinion, the Minnesota Court of Appeals clarified rules for determining whether police officers may bring a drug-sniffing dog to the door of an apartment. The basic answer is that the police must have an “articulable suspicio...

The Minnesota Court of Appeals has issued a recent unpublished opinion that clarifies under what circumstances the police are required to advise someone of their rights. This is important because it may allow a defendant to have their statements suppressed and even possibly have their charges dismissed.

Generally, a person arrested for DWI is read the implied consent advisory and then asked to submit to a chemical breath test. Prior to submitting to a breath test, the person has the right to counsel. In certain cases, the person is presented with a search warrant and asked to submit a blood or urine sample. This blog examines whether there is a right to counsel prior to deciding whether to comply with a search warrant and discusses recent developments in the Minnesota Court of Appeals and Minnesota Supreme Court.

People are often charged with crimes where they did not know that they were violating the law. Sometimes, the fact that they did not know they were breaking the law provides a defense to the charge. This blog examines ignorance of the law as a defense and discusses a recent Minnesota Supreme Court decision on the subject.

The Fourth Amendment and search warrant law are an increasingly complex area of the law. Of particular complexity are situations where a search warrant is not required. This blog will discuss a few types of exigent circumstances that can justify a warrantless search.

The question of when an officer can pull someone over is a seemingly simple question with a complex answer. In this blog is a discussion of reasonable and articulable suspicion, including an overview of a recent Minnesota Court of Appeals decision.

On March 28, 2017, the Minnesota Supreme Court agreed to hear a case involving the Minnesota Implied Consent Advisory and its Fourth Amendment and Due Process considerations. As some of our readers may know, Implied Consent has been the subject of a great deal of litigation in the last several ye...

The climate of immigration law has become an increasingly turbulent one in the last few months. Persons who had previously felt secure in their ability to stay in this wonderful country of ours now have to consider the immigration consequences of their actions much more seriously. So, too, does any cr...

The cellular phone and smart phone have almost become more necessary to the daily lives of many Americans than their car. We bank with them, send work emails on them, talk with family members and friends across the country on them, store pictures of our most cherished moments on them, and some Am...

Can someone get a DWI if they are not driving? What if the keys are not in the ignition or the vehicle is inoperable? This blog discusses these questions in the context of Minnesota law, including a recent unpublished Court of Appeals decision.

As cell phones have become a bigger part of every day life, so too has their use in criminal investigations. This blog discusses when police can make you unlock your phone so that they can search its contents.

A conviction for a sex offense can carry a variety of collateral consequences aside from the usual jail time, probation time, fines, or combination thereof. This blog looks at the impact a conviction for a sex offense can have on an offender's ability to travel to other countries.

When someone is arrested for DUI or DWI, the law requires that they be given a reasonable amount of time to contact an attorney before deciding whether or not they will submit to a chemical breath test. This blog examines what a reasonable amount of time is and discusses a recent Minnesota Court of Appeals decision on the issue.

Many people have heard of an Alford plea, but not many people truly understand what it means to make an Alford plea. This blog will explain what an Alford plea is and how an Alford plea is entered in court.

The Minnesota Supreme Court has recently agreed to hear a case involving the use of drug detection dogs inside secure apartment buildings. The Supreme Court's ruling is likely to impact how police use their drug detection dogs as well as the privacy rights enjoyed by ordinary citizens.

A common misconception is that officers must read someone their rights when placing them under arrest. However, what is portrayed on tv is not consistent with what is required by law. This blog examines when officers are required to read a suspect their rights, also known as providing a Miranda warning.

One of the forgotten penalties of a DWI conviction in Minnesota, is losing your license for a specified amount of time to the Minnesota Department of Public Safety. After receiving a DWI in the state of Minnesota, you are subject to losing your driver's license for at least 90 days. Work permits ...

More than 5,000 underage students die each year from alcohol-related incidents, with nearly 40 percent being a direct result following a drinking and driving crash, according to the National Institute on Alcohol Abuse and Alcoholism. Those fortunate enough to survive an underage drinking and driv...

If you are convicted of a DWI/DUI, you could face serious criminal, civil and professional consequences as a result. Those consequences will be even more severe if you carry a commercial driver's license (CDL). The effects of a DWI/DUI on your commercial driver's licensecan be catastrophic. If y...

Under current Minnesota DWI law, police can seize and forfeit the vehicle you were driving when arrested for DUI/DWI. If certain legal factors are met, the police will provide you with a Notice of Vehicle Forfeiture and seize your car. The legal right, title, and interest in the vehicle immediate...