Today the Supreme Court of the United States released the much anticipated and long awaited decision in Bernard v. Minnesota. Justice Alitio, delivering the opinion of the Court, said: “Because breath tests are significantly less intrusive than blood tests and in most...
S|E DWI Blog #1 – Harsher DWI penalties went into effect on August 1, 2015
Posted: August 6, 2015 Welcome to the first installment of the Sieben Edmunds DWI Blog Series! We'll explore various aspects of DWI law in Minnesota in a series of weekly posts. Think twice before drinking and getting behind the wheel after August 1, 2015. The...
DWI Blog Series – Part Five – The Limited License and Ignition Interlock
In 2012, the Minnesota Legislature increased the length of license revocations that accompany DWI charges. A few different factors can lead to an increased revocation period. They include: prior offenses, testing .16 or higher, child in the car, and refusal. A first...
Local Police Chief – DWI Charge
Even those we would least expect can pick up a DWI charge. Here, a local police chief faces DWI charges after recently undergoing a domestic violence prosecution. Apparently he planned to stay on the job after being convicted of a disorderly conduct, but now the DWI...
DWI Blog Series – Part Three – DWI License Revocations
Minnesota Statute mandates immediate driver’s license revocation in many DWI cases. When a person submits to and fails a Datamaster breath test, or refuses testing, the license revocation is virtually immediate. (a) Upon certification by the peace officer that...
DWI Blog Series – Part Two – Minimum DWI Sentences
The Minnesota legislature has enacted laws that call for minimum DWI sentences in certain circumstances. Many prosecutors and judges take the viewpoint that the statutory minimum sentences are mandatory. It is the job of the DWI defense attorney to convince the...
DWI Blog Series – Part One – DWI Implied Consent
Welcome to the first installment of the Sieben Edmunds DWI Blog Series. This series will provide a basic overview of DWI law in Minnesota and then later we’ll get into some of the more specific and complicated aspects of DWI criminal defense. Minnesota’s DWI...
The Lawnmower and the DWI
It’s always good to remember that “motor vehicle” is defined very broadly for purposes of the DWI/DUI laws. Here is an example of a guy that thought it would be a good idea to make a beer run on his lawnmower. I suppose he thought better of it after his encounter with...
Brooks Decision Announced
The Minnesota Supreme Court released its decision in State v. Brooks today at 10:00 a.m. We’re reading and absorbing the decision as I write, but at first blush it appears that the Court has upheld all consensual alcohol testing in DWI cases. Check out the decision...
Will Your DWI Alcohol Test Be Thrown Out? – McNeely & Brooks
DWI law in Minnesota is truly up in the air. On April 17, 2013, the United States Supreme Court issued its decision in Missouri v. McNeely and its impact is being felt all across the country, especially in Minnesota. The Court held that law enforcement had violated...
DWI Vehicle Forfeitures
Today let's talk about motor vehicle forfeitures in DWI cases. Minnesota statutes allow the government to forfeit, or take title to, your vehicle if you commit particular types of DWI offenses. Minnesota Statutes Chapter 169A.63 sets out the types of offenses that...
Oh No… I Have Been Drinking and I Got Pulled Over!
Kevin Sieben Law, LLC presents a PowerPoint video outlining procedures to follow when stopped for a DWI arrest. The best advice is don't drink and drive.
Minnesota DWI Record Holder
Most people enjoy being record holders, but this record is not one to brag about. Danny Bettcher holds the record for the most DWI’s in Minnesota; 27. A little over one month after Bettcher had been released from prison, he went to a bar and drank. Both conditions...
Under 21 Drinking and Driving Laws
DUI’s are never a good thing but can be even worse for those under the age of 21. If you are under the age of 21 and are caught driving after drinking, you could be charged with two different types of offenses. If you are .07 or less, you most likely will be charged...
Drinking, Golfing and the Legal Consequences
After a cold, snowy, and long winter, the weather is finally improving which, for many Minnesotans, means it’s time to dust off their golf clubs and hit the course. Many Minnesotans take the 4+ hours they spend on the golf course as an opportunity to enjoy some...
Under the Limit? You Still Could be Charged with a DWI.
You have had a couple of drinks. You do the math; you know there is no way you are over .08. Confident in your sobriety, you get behind the wheel to head home. Then the flashing lights of a squad car appear in your rearview mirror. You tell yourself that you are...
Will I go to Jail for my DWI?
The number one question on most people’s minds after being charged with a DWI is, “will I go to jail?”. The answer to that question can vary depending upon the severity level of the DWI and the quality of lawyer you have fighting for your rights. In Minnesota and...