Minnesota BWI Charges (Explained)

Minnesota law makers have enacted statutes, in recent years, extending the DWI laws to the waterways. Now, if an individual is stopped on a lake or river and suspected of operating a boat in an improper manner, the law enforcement may determine that they have probable cause to believe the person is under the influence of alcohol or controlled substances, then the police can request that the driver of the boat submit to a blood, breath or urine test, as they would in a drunk driving case involving a motor vehicle.  If you have been arrested for bloating while intoxicated, you should seek out the counsel of a Minnesota Criminal Defense Attorney.  

The basis elements that the State must prove to convict someone of boating while intoxicated or BWI:

• Operation of a boat; and
• Having a blood-alcohol content as measured within two hours of operating the boat of .08 or higher; and/or 
• Being under the influence of drugs or alcohol.  

The same general procedures are that are required to followed as when a DWI arrest is made on the roadways.  

Criminal Consequences

Penalties for BWI are similar to those for operating a car while intoxicated, and the prior offenses for boating and for operating a motor vehicle while intoxicated are aggregated together in order to determine how many prior alcohol related offenses the person has. 

BWIs, like DWIs, are enhanceable offenses which means that each offense is treated more seriously than the previous one. There is no mandatory penalty for a typical first time DWI or BWI, unless there are aggravating factors, such as: a prior offenses, children present, etc.  

Differences From Minnesota DWIs

There is some good news regarding boating DWIs as follows:

In Minnesota, open container laws (ie., open bottles) do not apply to boats. Passengers and boat operators can have an open containers containing alcohol. However, boat operators must operate their boats safely and not in a careless manner, or they risk being stopped and cited.
  

Don't Wait. Call For Experienced BWI Defense

If you have been cited for a BWI, call and experienced Minnesota BWI Attorney.  The Rolloff Law Office can assist you.  Call today for a free initial consultation: (612) 234-1165.  

Minnesota Boating While Intoxicated (Criminal Defense)

Summer in Minnesota is great for boating ... and it is also a time for BWIs.  BWI stands for “Boating While Intoxicated.” and it is (and it isn't) the same as a Minnesota DWI charge, but indicates that the offender was operating a boat under the influence rather than a car.  

What is BWI?

In Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08). As like with a DWI, violators of this law can be charged with a crime --- BWI ---  (Boating While Intoxicated) and be subject to a court proceeding and consequences.  If you need help with such a charge, you should contact an experienced Minnesota Criminal Defense Attorney.

What Happens if Your Are Arrested for A BWI?

The consequences of a Minnesota BWI arrest are nearly the same as those of a Minnesota DWI offense. 

A first time BWI charge is a Misdemeanor punishable by up to 90 days in jail, payment of a fine of $1,000, and suspension from operating a boat/watercraft for 90 days of the boating season.

As with Minnesota DWIs, a Minnesota BWI charge is an enhanceable offense, meaning that if certain “aggravating factors” are present, the charge becomes a more serious offense --- even a Felony --- with significant sanctions.  

BWI Aggravating Factors 

A BWI can become more serous based on a number of things, including:

Operating a boat with a blood alcohol concentration of .20 percent or more;
A prior conviction for DWI or test refusal in the 10 years leading up to the charge; and
A passenger under age 16 on the boat or watercraft at the time of the offense.

The presence of any of these factors will result in a higher degree of BWI being charged --- even a Felony.  he higher the degree of BWI, the stricter the punishment. Below are the penalties for gross misdemeanor BWI offenses:

• A fine of up to $3,000
• A longer period of mandatory jail time
• Participation in long-term monitoring programs
• Chemical Dependency assessments
• Loss of driver’s license privileges
• Plate impoundment of all motor vehicles owned by the offender
• Forfeiture of the boat involved in the incident

A felony BWI charge is the most serious. In addition to the above sanctions, felony BWI offenders can be sentenced to (in addition to those things listed above):

• Three to seven years in prison; 
• Up to $14,000 in fines; and
• Extended periods of license revocation

An experienced Minnesota BWI defense lawyer can help keep you or someone you love from suffering the worst consequences for these charges.  Regardless of the degree of your offense, call the Rolloff Law Office to help you review your charges, get the right answers and resolve your case in a favorable way.

Minnesota DWIs (Explained)

Generally, as a Minnesota Criminal Defense Attorney I recognize that Drunk Driving/DWI cases fall into one of two types: 

The first category is the least prevalent.  Here, there is a flaw in the government's case.  That means: maybe the police lacked proper cause to make an arrest or their testing equipment was flawed, or the officer did not do the tests Or... maybe there is a problem with the chain of custody or other evidence issues.  There are a number of possibilities that might make the case difficult or impossible to prove.  This is where someone with experience on both sides of the aisle, like me, can be helpful.  First, I know what to look for in a case to find weaknesses.  Second, I know the value of weaknesses to the defense case.  Finally, I can make an informed judgment as to what my client can possibly expect.  In short, experience helps get the best results.

The second category is more likely.  Here, there is no problem with the government's case that can be exploited... The cops did their jobs correctly, the equipment was in proper working condition, and there are really no issues, etc.  The government has a strong belief that it can make its case without difficulty.  Here, experience counts too.  By having been on the other side of well over a 1,000 DWI prosecutions, I know the best results that can be expected.  Just because the case is an uphill battle for the accused doesn't mean you can't a break.  Of course, individual results will depend on the circumstances.

The bottom line is that if you are accused of a Minnesota DWI violation, the Rolloff Law Office can help.  Call today: (612) 234-1165.

Minnesota Drunk Boating (BWI)

With summer in full-effect, it’s important for those of you who are out to have fun on the water make sure you're aware that the police will be out in force watching for any signs of intoxication.

As more people head to the water for fun, law enforcement officials will be out actively searching for those who are BWI - Boating While Intoxicated.  If you or someone you love find themselves as part of an investigation into Drunk Boating, your next best step is to call an experienced Minnesota Criminal Defense Attorney.

What You Need to Know

If you're a real Minnesotan you know that drinking and outdoor activities may go hand in hand for some.  However, you need to be aware that a BWI arrest is serious.  Boating while intoxicated is generally treated the same as Drunk Driving.  If a boater is found to have a BAC of .08 or more, they will be arrested and taken to jail. If the boater has a prior DWI/BWI conviction, the boater could also lose his or her driving privileges, both on land and on water.

If you’re convicted of a BWI, the offense could potentially appear on your motor vehicle record just like a DWI conviction. Even a first-time BWI charge, without a prior DWI conviction or designated license revocation, could result in severe penalties including substantial fines, loss of your boat operating privileges and potentially even jail time.

For those arrested for a second or third time, penalties will enhance for a repeat offender and can include automatic jail time and even loss of the boat you were driving at the time of the arrest.

Why?

The dangers of drinking and boating are as serious as drinking and driving a car. The fact is alcohol consumption while boating can be even more dangerous given that most boaters are less experienced on the water than on pavement. Most weekend boat operators are out driving a handful of times each year and are thus already more prone to dangerous accidents. Throw in alcohol consumption, and it can be a recipe for disaster. As further evidence of the danger, one statistic says that a intoxicated boater is 10 times more likely to be involved in a fatal accident than his sober counterpart.

Tips to Avoid Getting Arrested for a BWI

1. Designate a sober boat captain prior to getting out on the water.
2. Bring a variety of drinks including plenty of water, sodas and other non-alcoholic beverages.
3. Don’t assume that just because you are also eating on the boat that this somehow will reduce your level of intoxication. Remember, the best policy is to not drink alcohol at all, if you are going to be the one driving or operating the boat.
4. If you dock somewhere to get lunch or dinner and drink with your food, again make sure you’ve previously designated a sober driver that can operate and bring the boat home.

If you’re facing a possible BWI charge, you need a skilled Minnesota BWI Attorney on your side. For quick, fast and honest answers, call the Rolloff Law Office at (612) 234-1165.

Minnesota's Implied Consent Law & Test Refusal Crimes (Explained)

The Minnesota Implied Consent Law requires that anyone who “drives, operates, or is in physical control” of a motor vehicle in Minnesota consents to be subject to Minnesota's Drunk Driving Law and the Implied Consent Law.  The Implied Consent Law further requires a person to submit to a chemical test of their blood, breath, or urine (or face a criminal charge for test refusal) when a peace officer has probable cause to believe the person has violated Minnesota DWI law (and other specific circumstances exist).  If this sounds even remotely confusing, consider consulting an experienced Minnesota Criminal Defense Attorney - please.

The purpose of the chemical test is to determine the presence of alcohol, a controlled substance  or its metabolite, or a hazardous substance, and the test must be given at the direction of a peace officer (e.g. a police officer).

When a Chemical Test Can Be Requested

A peace officer has the option of requesting a chemical test when they have probable cause to believe a person was driving, operating, or in physical control of a motor vehicle in violation of the DWI law, and at least one of the following conditions exist:

1. the person has been lawfully placed under arrest for violation of Minnesota’s DWI law (or an ordinance in conformity with it);
2. the person has been involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death;
3. the person has refused to take the screening test (preliminary screening test/portable breath test (PBT)); or
4. the screening test was administered and indicated an alcohol concentration of 0.08 or more. 

The test may also be required of a person when a peace officer has probable cause to believe the person was driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol.

Implied Consent Advisory

The Implied Consent Advisory is a provision of Minnesota’s Implied Consent Law which requires the peace officer to inform the suspect of the following before requesting a chemical test submission:

•  Minnesota law requires the person to take the test:
•  to determine if the person is under the influence of alcohol, controlled substances, or hazardous substances;
•  to determine the presence of a controlled substance listed in Schedule I or II or metabolite, other than marijuana or tetrahydrocannabinols; and
•  if the motor vehicle was a commercial motor vehicle, to determine the presence of alcohol;
•  that refusal to take a test is a crime;
•  if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that a test will be taken with or without the person’s consent;
•  that the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.

The Test Refusal Crime & Administrative Penalties

Criminal Penalties

It is a crime in Minnesota to refuse to submit to a chemical test of blood, breath, or urine under the Implied Consent Law.  The criminal penalties depend on the unique circumstances of the case and the prior record of the defendant.  As an example, a typical first-time DWI offender who is charged with test refusal is subject to a gross misdemeanor level offense (up to one year in jail and/or up to a $3,000 fine).

Administrative Penalties

In addition to the criminal penalties associated with the Implied Consent Law & Test Refusal Crime, there are also significant administrative penalties.

Test Refusal Penalties

There are significant administrative penalties (e.g. license revocation) which apply to test refusal under the Implied Consent Law  (i.e. when a peace officer has probable cause to believe a suspect has violated the DWI law and they refuse to submit to a chemical test).

Specifically, a peace officer can immediately serve a notice of intention to revoke/revocation on a suspect on behalf of the Commissioner of Public Safety upon test refusal, and also must take the following steps:

•  invalidate the person’s driver’s license or permit card by clipping the upper corner of the card in such a way that no identifying information including the photo is destroyed, and immediately return the card to the person;
•  issue the person a temporary license effective for only seven days; and
•  send the notification of this action to the commissioner along with the required certificate.

The period of license revocation and/or other administrative penalties depends on the unique circumstances of the case and the record of the offender.  As an example, the period of license revocation is one year for a first-time test refusal offender.

Test Refusal Criminal Conviction Penalties

In addition to the administrative penalties for test refusal  under the Implied Consent Law, there are also administrative penalties (e.g. license revocation) which result from a test refusal criminal conviction.

The period of license revocation and/or other administrative penalties depends on the unique circumstances of the case and the record of the offender.  As an example,  the period of license revocation is 90 days for a first-time test refusal offender.

To fully understand your options, please take the time to speak with an experienced lawyer.  The Rolloff Law Office has handled any and all sorts of criminal matters --- DWIs and otherwise.  Call today to set up a FREE CONSULTATION: (612) 234-1165

Minnesota Implied Consent Law (Explained)

Believe it or not - any individual who chooses to drive, operate, or be in physical control of a motor vehicle is assumed to have already consented to a breath, urine, or blood test to determine the presence of alcohol or hazardous or controlled substance in the body.  (See ... the things you probably didn't know that you didn't know --- this is why you need to speak to a Minnesota Criminal Defense Attorney.)  This chemical test is administered only after a police officer has established that there is probable cause to believe a Drunk Driving violation has occurred and that the person has been subsequently placed under arrest.

When is Probable Cause Established?
Probable cause exists only after a police officer reasonably suspects an impaired driving violation by observing impaired driving behavior.  This is usually accomplished when the officer observes any erratic driving conduct prior to the traffic stop. It can also be effectuated after the officer stops a driver - in their subsequent interaction.  (Here, the cop is looking for slurred speech, bloodshot watery eyes and the accused's overall appearance.) The officer will also critique the driver’s performance on some Field Sobriety Tests. Generally, after these tests a thorough officer will ask the driver to perform a preliminary breath test ("PBT") test to confirm his belief of impairment.

If an officer believes that probable has been established, the officer may then place the driver under arrest and (only) after reading the Minnesota Implied Consent Advisory, request an evidentiary breath, urine, or blood sample.

The officer is required to read the advisory - explaining that the test is mandatory, refusal to take the test is a crime, and the driver has the right to consult or speak with an attorney before agreeing to take the test. The individual is given a “reasonable period” of time under the “totality of circumstances” standard to contact an attorney.

Blood or Urine?

It is the officer that decides whether to administer a breath, urine or blood test. The Minnesota Bureau of Criminal Apprehension (BCA) analyzes blood and urine samples and forwards the results to Minnesota Department of Public Safety (DPS).

If a driver is asked to take a blood test - the individual can refuse - and the officer has to be afforded him or the chance to take breath or urine test.  That right to refuse also extends to urine - meaning that you can say "no" and the officer has to offer blood or breath.  (The rational is that some individuals are adverse to needles and they shouldn’t be charged with the crime of refusal simply because of this fact. The same rational applies to those who are offered a urine test, but for some reason are not able to physically urinate at the time.) However, if you're offered a breath test - you are required to do as much - or you do subject yourself to possible legal consequences.

What Should You Do?

My suggestion to anyone facing a legal dilemma is "talk to a lawyer."  Honestly, you only get one chance (all too often) to take on these things.  Get the answers you need to make the next right decision - your future could depend on it.  Call the Rolloff Law Office today at (612) 234-1165 to set up a FREE Consultation. 

BWI - Boating While Intoxicated (Explained)

The calender now reads SUMMER - even if the weather does not concur - and in Minnesota that means one thing --- hitting the lakes. As you do so in your boat or personal water craft - so is the government.

Yes, as part of a national effort to crack down on alcohol and drug related accidents and fatalities on the water, the Minnesota Department of Natural Resources is engaging in something called Operation Dry Water (you have got to love these names - right?) looking for impaired boat captains.  If you're planning on dropping anchor this weekend, here are a few things you might want to keep in mind if your boating fun also includes a few adult beverages.

The Basics

Just like with driving a motor vehicle, in the State of Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08) percent.  Those in excess of the legal limit may be charged with BWI (Boating While Intoxicated).

Just like with Drunk Driving, a first time BWI charge is usually classified as a Misdemeanor - which could result in the imposition of a $1,000 fine and a jail sentence of up to 90 days.  You could also see your boating privileges suspended for up to 90 days.  In addition, the enhancement factors - which could raise a 1st time offense to a more serious criminal classification - are also applied in BWI case.  Therefore, if your piloting your boat with a blood alcohol concentration of (.20) percent or more, have a prior conviction for DWI (or BWI) or a were convicted of failing to submit a sample of your blood, breath or urine for testing in the 10 years prior to the new charge, and/or there's a passenger under the age 16 on board at the time of the offense - you could be looking at a Gross Misdemeanor of Felony level charge. 

Different than a DWI?

As much as they might be the same, BWI laws also differ from the Drunk Driving laws in a number of ways too.  One of the most important is that an officer - who usually needs to assert a reasonably articulable suspicion to legally stop your vehicle - doesn't always need such a well defined reason to board your boat. More often than not, the police can come aboard for safety or security reasons. Then, if the officer notes the smell of alcohol or sees evidence of drinking, he can begin an investigation.   

Another significant difference in BWI prosecution is the impact that the sun can have on the boater's body - especially when alcohol is involved.  As opposed to when you're drinking a beer in a bar - when your body is processing alcohol in a way you're familiar with - because alcohol works to dehydrate you (as does a day in the sun) it is often easy to underestimate the effect that alcohol is having on you. This often leads to greater consumption - especially if it's a cold beer on a hot day - which can result in a higher alcohol concentration in your system.

What Should You Do?

If you're a regular follower of this blog, you'll note some of the suggestions I've made when having contact with the police- in the context of a Drunk Driving stops.  A lot of those same warnings should be heeded by you when having contact with an officer while out on the lake - and your being suspected of BWI.

If you've been arrested, your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights, to fight for you in court and to protect your future.