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...
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...
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...
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...
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...
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.
The death of Internet activist Aaron Swartz has lead to a public discussion of the power prosecutors have over defendants. Swartz, famous for his role developing Reddit,a social news and entertainment website, recently died as a result of an apparent suicide....
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,...
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...
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...
Having an arrest on your record might score you extra points with a few people, but trust us -- those aren’t the people you want to be around. Unfortunately, having an arrest on your record carries a profound stigma, and it can interfere with your life and your...
If you’ve been arrested for a first- or second-degree DWI, you could find yourself subjected to jail time even before sentencing. Some offenders post bail, while others may be required to submit to Remote Electronic Alcohol Monitoring (REAM). Abstaining from alcohol...
Between the television news, newspapers, and movies, you’ve certainly heard it: “The prisoner got out early on good behavior.” But what exactly does this mean? And who is eligible? “Good behavior” is the colloquial term for what the corrections system officially calls...