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...
Dakota County First Degree Burglary Case Dismissed
We just received an order from the Dakota County court dismissing all charges against our client in a First Degree Burglary case. Our client was charged with aiding and abetting an alleged burglary despite the fact that he didn’t participate in the crime in any...
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...
DWI Life Sentence
With good legal representation, your first DWI usually can get you a $300 fine and some probation and classes. A second offense might yield a 30 day sentence. More priors, high alcohol readings, and test refusals can make the consequences much worse. In Minnesota,...
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...
Fifth Grader Is Convicted in Murder Plot
You wouldn't think it, but it is possible for our young children to be convicted of crimes as serious as conspiracy to commit murder. This story is out of the state of Washington. An 11-year-old boy apparently was "annoyed" with his classmate and plotted to commit...
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...
Enhanced DWI Charging
Most first time DWI offenses in Minnesota are misdemeanors. The crime is called Fourth Degree DWI. The maximum penalty for a misdemeanor Fourth Degree DWI is 90 days in local jail and a $1,000 fine, just like all misdemeanors. However, many DWI crimes are charged out...
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...
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...
What is Drug Court?
Drug Court is a special court designed to rehabilitate certain felony offenders through long-term comprehensive supervision, drug testing, treatment services and immediate sanctions and incentives. Drug courts promote recovery through a coordinated response to...
Can I go to Canada with a DWI Conviction?
For years this question has been one of interest for those who have been charged, convicted, or accused of DWI or DUI. Fishing and hunting trips to Canada with family and friends is a favorite past-time of many Minnesotans and until recently, if you had a DWI...
DWI Roadblocks in Minnesota
We were all taught at a young age of the dangers of drinking and driving and the consequences that come along with it. Police in some states have set up DWI checkpoints in the form of roadblocks in areas with high DWI offense rates to monitor drinking and driving. ...
Probable Cause / Search and Seizure
Even if you’ve never experienced it firsthand, you’ve probably seen this scenario play out in a movie: someone gets pulled over by a police officer, and a request is made for the driver to step out of the vehicle while the officer takes a look around the car. You may...
Staying Safe During The Holidays
It’s a fact: DUI patrols increase during the holiday season, and so do DUI arrests. With all the holiday parties over the next several weeks, you may well find yourself in a situation where you’re not sure if it’s safe to drive home. Don’t assume you can slip home...
3 Things To Ask Your Attorney Before Working With Them
If you’re faced with a legal challenge, now’s not the time to be hasty when it comes to your representation. Don’t just trust the ads; take the time to actually speak with a potential attorney. It may be one of the most important interviews you ever conduct. After...