The Court of Appeals, in a published opinion, issued Sieben Edmunds – DWI attorney Eagan,MN its latest victory today. The issue before the Court in Johnson v. Commissioner of Public Safety was whether our client Roger Johnson filed a challenge to his license...
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...
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...
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...
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 qualify for vehicle forfeiture. Contrary to popular belief, your...
With the holiday season approaching quickly, we wanted to remind everyone to be safe and find a sober ride home. DWI patrols increase during the holiday season, and so do DWI arrests. With all the holiday parties over the next several weeks, you may well find yourself...
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...
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...
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...
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 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...
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...
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...
Do you know the difference between a DWI-DUI? Do you know what these acronyms stand for? Is one worse than the other? Let us start first by defining these terms. First there is "DUI" which stands for “Driving Under the Influence. All that is required to be convicted...
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.
MEDINA, Minn. (WCCO) – A Medina man pulled over for driving a Segway under the influence has beat those charges – again. In fact, the Minnesota Court of Appeals ruled Segways are exempt from DWI laws. Last February, police in Medina pulled over Mark Greenman on his...
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...
After the initial shock of an arrest wears off, many questions begin running through your head. One question you might have is, “Do I have to tell my work about my arrest?” Generally the answer is no. However, if you have signed an employment contract with your work,...