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...
Posted: October 11, 2015 Technological advances have made the imposition of conditions of release and sentencing more flexible. In a DWI case, a judge may order a defendant to comply with certain conditions during pretrial release or as part of sentencing. A common...
Posted: October 8, 2015 In Minnesota there are varying degrees of driving while impaired (DWI) offenses. An individual can be charged with a DWI for operating a motor vehicle with an alcohol concentration that is .08 or over. If “aggravating factors” are present, then...
If you’re in custody for a DWI, one thing you’re probably thinking is “How do I get out of jail?!” A judge can consider a number of factors before releasing you from custody. The court must set bail or impose conditions of release that you must follow while your case...
Posted: September 18, 2015 Underage drinking is a nationwide problem that can lead to devastating consequences. According to the Mayo Clinic, underage drinking often leads to alcohol-related accidents, increased sexual activity, problems at school, alcoholism, and an...
Posted: September 15, 2015 Commuting to work, dropping children off at school, and running errands are daily occurrences in most people's lives. Without a license, accomplishing these tasks can be incredibly difficult. Fortunately, there is an option for getting your...
Posted: September 10, 2015 One of the consequences of getting a DWI is losing your driving privileges. Most people are drastically unprepared to lose their license. Daily obligations continue after a DWI; people still need to commute to work or drop children off at...
Posted: September 1, 2015 We'll continue our discussion of DWI defenses in this week's Sieben|Edmunds DWI Blog series. In our last blog post, we discussed the affirmative defense of necessity. The governor and legislature responded to Axelberg by permitting the...
Posted: August 25, 2015 The Sieben Edmunds DWI Blog Series is back at it again! In our third installment, we’ll talk about the DWI necessity defense. According to Black’s Law Dictionary, necessity is “a justification defense for a person who acts in an emergency that...
Posted: August 13, 2015 Welcome to the second installment of the Sieben Edmunds DWI Blog Series! We'll take a closer look at what an innocent owner, who did not commit a DWI offense, can do to get their vehicle back after it has been seized. The state is permitted to...
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...
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...