Minnesota Drunk Driving Stops (Explained)

Drunk Driving arrests in Minnesota frequently begin with a  traffic stop made by a police officer or state patrol trooper.  After the stop there is generally a sequence of actions taken by the officer if they suspect the driver has violated Minnesota's DWI law.

There are of course, legal and illegal (constitutional and unconstitutional) ways of both initiating a traffic stop and conducting subsequent questioning, testing, etc.  The following is a brief overview of the constitutional issues surrounding typical DWI traffic stop in Minnesota.

If you have any questions about this, your next best step is to contact an experienced Minnesota Criminal Defense Attorney.

The Traffic Stop

An officer can make a brief investigatory traffic stop without violating the constitutional prohibition against “unreasonable searches and seizures” if they have “reasonable, articulable suspicion” of criminal activity.  An officer’s observation of a traffic violation, even if insignificant, can provide the officer with an objective and reasonable basis to make a legal traffic stop.

Typical traffic violations which provide a basis for a stop include speeding, not signaling a lane change, and equipment violations.

Initial Questioning

After an officer has made an initial stop, they generally ask the driver a series of questions (e.g. “Are you aware of why I pulled you over?”) and request a driver’s license/identification and vehicle registration information

Field Sobriety Testing (FST)

During the initial questioning in a Minnesota DWI traffic stop, the officer will often make observations of alcohol use and/or intoxication.  These observations frequently include slurred speech, glassy/watery eyes, (strong) odor of alcohol, slow reaction time, and the driver admitting alcohol use prior to driving. If the officer does make these observations, they can provide the basis (reasonable, articulable suspicion that the driver has violated the DWI law) to legally conduct a series of field sobriety tests.  The standard field sobriety tests (SFST) include a series of three tests:  the walk and turn test (WAT); the  one leg stand (balance) test (OLS); and the horizontal gaze nystagmus test (HGN).  There are also non-standardized field sobriety tests that the officer may have the driver perform including: the Romberg  (Balance) Test; counting backwards; reciting the alphabet etc.  Failure of the  field sobriety tests can be used by the officer to establish probable cause to arrest the driver for DWI.  (In various areas throughout this blog, I;ve reported on these "tests" --- if I could make one suggestion --- don't agree to perform these tests!)

Portable Breath Test (PBT)

The officer will typically request  a portable breathalyzer test (PBT) from the driver if they fail the field sobriety tests.  The legal basis to request the PBT, however, is the same as for the request for field sobriety testing: “reasonable, articulable suspicicion” that the driver has violated Minnesota DWI law.  This can include the failure of one or more of the field sobriety tests, admissions from the driver of alcohol use, and/or other observations of possible alcohol use and/or intoxication (e.g. glassy eyes, strong odor of alcohol etc.). In addition, like the field sobriety tests, a PBT failure can be used by the officer to establish probable cause to arrest a driver for DWI.  (Like with the FSTs ... don't agree to take this test!)

Arrest

An officer must have probable cause to make a legal arrest of a driver for DWI.  Probable cause in Minnesota exists if a person of ordinary care and prudence holds an “honest and strong” suspicion that arrested party is guilty of a crime.  Probable cause is more than mere suspicion.  The officer can establish probable cause to make a legal arrest with a combination of observations of alcohol use and/or intoxication, statements by the driver indicating alcohol use and/or intoxication, failure of one or more of the field sobriety tests, and/or failure of the PBT test.

What Can Be Done About Illegal Conduct?
The constitution protects individuals against unreasonable searches and seizures.  The remedy for an illegal search and seizure is suppression of the evidence obtained as a result of the illegal search and seizure.

In a typical DWI case as described above, therefore, if the officer illegally made the initial traffic stop or otherwise illegally conducted the questioning, testing and/or arrest, the driver can move the court to suppress evidence that was obtained as a result of that illegal search or seizure.  In Minnesota, this is done at what is know as a “Rasmussen Hearing.”  If the Motion for suppression is granted, the prosecution cannot use the illegally obtained evidence at trial.  This can obviously have a huge impact on the case.  A very positive impact for the defense, and very negative impact for the prosecution.  In fact, the prosecution may dismiss the case and/or offer a very favorable plea agreement  in the event of suppression.

What's Next?

If you or someone you love needs help with a legal issue - like a Minnesota DWI --- call The Rolloff Law Office to set up a FREE CONSULTATION today.  Call (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 Criminal Defense Questions (Answered)

As an expereinced Minnesota Criminal Defense Attorney I get questions - lots and lots of questions.  Here are some of the most common ones.

How do I choose an attorney?

When you are facing criminal charges, the quality and commitment of your defense attorney is a crucial issue. Will the attorney take the time to focus on your case? Will you be "just another number"? At The Rolloff Law Office, we provide personal legal services on a one-on-one basis, and our results-oriented approach to defending charges and our reasonable rates can allow you to have the quality defender you need, as well as the personal attention to your case that is actually necessary if you are hoping to avoid a conviction.

Will I go to jail for a Minnesota DWI charge?

Any DWI offense carries the potential of jail time. Under Minnesota Statues, chapter 169A, even a first time DWI conviction can mean up to 90 days in jail and a fine of $1,000. This is in a simple DWI offense, without any aggravating factors or a breath test refusal. If you have a prior conviction of DWI within the last 10 years, including a test refusal or other aggravating factor, you could face third degree charges, which are punishable by up to 1 year in jail as well as a fine of $3,000. Felony DWI charges, when convicted can lead to up to 7 years in prison and a $14,000 fine. These cases involve 3 prior convictions, or one prior felony DWI conviction. Any DWI or DUI charge is serious and should be aggressively defended.

What if I discover I am under investigation for a violent crime?

If you are under investigation and not yet arrested, you can assume that an arrest will take place in the near future. It is crucial that you exercise your right to remain silent and do not engage in any interviews with law enforcement or other investigatory units without first retaining the services of an attorney. Protecting your rights in any questions can be a pivotal factor in defending against the charges when they are filed.

What criminal charges does your office defend?

The Rolloff Law Office is committed to providing an aggressive defense against all types of criminal charges, from any Drunk Driving arrest, through to probation violations or charges of Assault, Drug Charges, Disorderly Conduct to any manner of Theft crimes --- from Misdemeanors to Felonys.  Expereince criminal defense representation unlike any youve ever known before - that's a promise.  Call today: (612) 234-1165.

Minnesota Domestic Assault Attorney

Troubled relationships can be some of the most complex and difficult situations people face on a daily basis. Unfortunately, a notable number of individuals end up facing Minnesota Domestic Assault charges every year. If you have found yourself in the unfortunate position of having been charged with Domestic Assault or you must make certain that you waste no time in obtaining appropriate representation from an experienced, Minnesota Criminal Defense Attorney who is knowledgeable and compassionate. 

Why Is This Important?

Domestic violence cases represent one of the most challenging areas of the law. Not only are these cases complex from a legal standpoint, the level of emotions associated with these by definition are highly charged. Therefore, it is crucial that if you have found yourself facing a domestic abuse, assault or violence case that you promptly obtain skilled representation from an experienced Minneapolis domestic assault attorney.

J. Rolloff has devoted a considerable portion of his professional career to assisting people in resolving domestic violence cases. Not only does he fully understand the "ins" and "outs" of the law, not only does he understand how to present a strong defense in court, he thoroughly appreciates the painful emotions that you are experiencing and that are at the heart of a domestic assault case.

What Now?

The Rolloff Law Office has represented men and women from all walks of life who have faced charges of Domestic Assault. As a consequence, he understands what must be done in order to protect your rights and interests in light of these types of charges. Additionally, he realizes what steps need to be taken to ensure that you are able to have reasonable access to your children should a No Contact or Restraining Order have been entered by the court in light of your spouse or significant other filing a complaint against you.  if you need help - call now: (612) 619-0262.

Minnesota Traffic Tickets & Insurance (Explained)

The number one reason I hear - over and over again - when it comes to people seeking assistance with Minnesota Traffic Tickets is because they don't want it to impact their insurance premiums. 

Well, believe it or not ... your insurance company is thinking the same thing --- if a recent call I had with an insurance agent is any indication. 

The Call

I often tell individuals I've heard it all - and time after time I'm surprised.  The same goes for this recent call --- an insurance agent wanting to talk with a Minnesota Criminal Defense Attorney to help their clients to get out of their speeding tickets?

Here's what I learned ... the philosophy that this company takes toward their clients is truly one of partnership. People are required to have car insurance to drive, but this particular company doesn't feel like it is responsible to hold it's clients hostage for a minor traffic ticket, nor do they feel like it's good business to encourage their clients to hide their driving from them in hopes of keeping their premiums lower.This company, which specializes in low risk drivers, has found that their customers are more satisfied with their service and actually drive better knowing they can turn to their insurer if anything should happen.

After the Call

This whole interaction got me to thinking about what, exactly, a car insurance company should do for you. Are they in the business just to make money off of your premiums and then make it as difficult as possible for you if you ever get into an accident? Or, are they a trusted part of your team trusted to help you if and when the need arises? And, if it's the latter, is the best way to create that relationship by encouraging an open dialogue with the client?

Should You Tell Your Insurance Company About Your Traffic Ticket?

One thing I learned from this call was that not everyone should tell their insurance company about their speeding ticket. Some companies are required, as part of their policy, to flag your account for that. Most of those companies are nationally known (I don't know which ones specifically do that, I just know that some do). By calling them, you are setting yourself up for higher premiums, even after you hire a traffic attorney to beat your ticket.

All of the above being said, there is a lesson to be learned for all of us. The company I met with is locally owned and operated. They don't have thousands and thousands of employees. They aren't publicly traded. Making money is important to them, but it's not the only thing. There's something to be said for that. Remember that when you're looking around for help. Test out the local options. You might pay slightly more, but what you get in return could be well worth the price.

What Next?

This isn't an insurance company and I don't talk to your insurance companies about my client traffic tickets. But, like this insurance company, I value my relationships with them and I want to keep in touch with everyone of them during those times they need me - and when they don't.  If you want to know that your attorney has your best interest at heart - when your case is going on and after --- then call the Rolloff Law Office today - (612) 234-1165. And, if you need a kick-ass Minnesota Traffic Lawyer, call me --- I'll do whatever I can to beat your traffic ticket, saving you money on the fine and increased insurance premiums.

What to Expect From Your MN DWI Attorney (Explained)

If you find yourself at the mercy of the criminal justice system, charged with Drunk Driving, you probably already know you are in some pretty serious trouble. It’s not just the (all too often) mandatory jail that should scare you, but the mandatory fines and fees (typically approaching $1500) and the loss of driving privileges (up to 90 day driver’s license suspension on a first-time (misdemeanor) offense) that really adds insult to injury. If you find yourself charged with a Minnesota DWI you need to get a great Minnesota Criminal Defense Attorney – but what should you expect from them? Hopefully after you read this post you’ll have a better idea of what we can do for you.

A Minnesota Drunk Driving Lawyer is Not a Miracle Worker
If you are hiring The Rolloff Law Office (or any --- ANY --- lawyer) to come in and represent you on your Drunk Driving arrest and you’re expecting to walk away, and you’re going to be disappointed if you don’t, you are setting yourself up for disappointment. I hate to say that, but it’s impossible to guarantee a victory when you are charged with a DWI. There are bunch of reasons why, but the first and foremost reason is that the deck is stacked against us from the get go.

Any experienced Minnesota DWI Lawyer that you talk to that tells you he’s won more cases than he has lost is either lying to you or he hasn’t had that many cases. These things are hard to win. The laws are set up against you. If you want a great outcome, you’ve got to be willing to fight.

Your DWI Lawyer Should Fight Hard for You
If I would ever find myself charged with a Minnesota DWI (and trust me when I say one never knows when something like this could happen – even if you’ve had nothing to drink) there is one thing I would want to from my lawyer – when the case is over, I want to feel like we gave it everything we had, that we tried our best to win.

Fighting a Minnesota Drunk Driving arrest is a lot like playing a game of basketball against a team that is allowed to play with 7 players to your 5 and has the rules set up so that every time you try anything it’s a foul and any time the other team throws up a shot it goes in the basket. Those are the kind of odds we’re facing. The only way to win in a situation like that is to put your head down and outwork and out hustle the other team. Having that kind of advantage makes you lazy and prone to mistakes. By fighting hard you can create and take advantage of some of those mistakes.

(Maybe you're asking how I know these things - well --- if you've read my bio you know that I cut my teeth on the other side of the aisle.  Yes --- you go with me, and you're hiring a Minnesota Criminal Defense Attorney who learned the game from the inside - as a former prosecutor.) 

Who You Going to Call?

If you or someone you love needs help with a legal issue - like a Minnesota DWI - if you work with the Rolloff Law Office you'll be guaranteed unparalleled access to us, unparallelled effort, and unparalleled excellence. We fight the good fight. We go down swinging. We leave everything on the floor. If you need a Minnesota DWI attorney, please give us a call: (612) 234-1165

Minnesota Field Sobriety Tests (Don't Do 'Em?)

Believe it or not, Minnesota's Standardized Field Sobriety Tests are NOT a valid method for determining impairment --- due to drug or alcohol use.  Shocking - but true.  Ask any self-respecting Minnesota Criminal Defense Attorney - like me.

If you hold "other" beliefs - after examining the following questions - tell me if you have even the slightest change of heat.

Field Sobriety tests Are Meaningless 


Here are some simple questions that should demonstrate to any right thinking individual why those road-side calisthenics the cops have drivers go through are all pointless.

• Have you ever stumbled while walking?
• Did that stumbling mean you were drunk?
• If you can stumble while walking normally, what about when asked to perform the difficult and awkward task of walking heel-to-toe?
• (As a side note, does anybody actually walk this way?)
• What about standing on one leg?
• Is this something you practice often?
• If you stumbled does that automatically mean you are drunk?

The fact of the matter is that "not passing" these very difficult Field Sobriety Tests can be attributed to a number of factors. such as:

• Age
• Body weight/size
• Medical History - including any lingering leg or back injuries
• The type of shoes one has on
• Innate Clumsiness
• Nervousness

Despite everything set-forth above, the government (and judges) continue to place a lot of weight on these tests to determine intoxication.  As a result, many innocent people have been found guilty of M9innesota DWIs (especially DWI- where drug use is implied.

Think About it

Considering was been laid out here, this is why I suggest that (if you have been arrested for a Minnesota DWI) that consider hiring an attorney who is willing to fight the good fight - especially when it comes to is an Field Sobriety Testing - sop you can defend yourself against this "junk science" in court.  Protect your rights - contact the Rolloff Law Office today to get answers to your legal dilemmas.  Call:  (612) 234-1165.