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.

DAC-IPS (Explained)

DAC-IPS = Driving After Cancelation - Inimical to Public Safety

In Minnesota, a driver is declared inimical to public safety often after their third DWI offense.  Inimical to public safety essentially means “completely unable to control a vehicle without endangering others.”  Drivers must go through a difficult and prolonged chemical dependency treatment in order to have their driving privileges reinstated.  In addition, that renewed license will be subject to a B-Card restriction — meaning any use of alcohol by the driver will invalidate his or her license, even if they aren’t driving when discovered to be drinking.  If there is a violation, there are subsequent rehabilitation periods that can last several years depending upon the number of DWI’s the driver has.  Rehabilitation will require complete abstinence, affidavits from people who can attest to the same, and a lot of time devoted to dependency groups.

Why is the State doing this?  The State has recognized that it is impossible to get people to stop drinking, even if they know they have a problem and want to stop it.  So the State simply assumes that people with alcohol addiction are always driving intoxicated.  The remaining option is to take away the driver’s license, or at least make it very difficult to keep while still suffering from the effects of alcohol.  1 in 7 Minnesotans has a DWI.  Of the people who get a first, only 10% get a second.  But of the people who get a second, 60% get a third.  The State has thrown the repeat offenders into very specific grouping as a way to identify and keep track of this specific population.

Nearly every client of an experienced Minnesota Criminal Defense Attorney says the same thing — they can handle the criminal consequences of DWI, but it’s the license sanctions that are the real punishment.  Try not driving for six years and see how easy it isn’t.  If you have been charged with a DAC-IPS offense, there are ways to reduce the impact and potentially maintain your license — but you must talk with an attorney in order to find out if these options are available to you.

Still Confused?

If you want help with a criminal case, call the Rolloff Law Office - today - at (612) 234-1165

Hiring a Minnesota Defense Lawyer (Explained)

If you've been arrested or charged with a crime, you need the immediate assistance of an experienced Minnesota Criminal Defense Lawyer. A good criminal defense lawyer can explain your rights in all stages of the criminal process and help make the difference between a reduced plea bargain or dismissal and a jail sentence.
What You Really Need to Know

Being charged with a crime -- whether major or minor -- is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal defense attorney who can protect your rights and secure the best possible outcome for your case.

If you're facing criminal prosecution, a criminal defense attorney can help you understand (1) the nature of the charges filed; (2) any available defenses; (3) what plea bargains are likely to be offered; and (4) what is expected after trial or conviction.

What to Look for in a Criminal Defense Lawyer

Criminal defense attorneys handle a variety of criminal cases, including felonies, misdemeanors, drug charges, white collar crimes, and many other state and federal crimes. When looking for a criminal defense lawyer, you'll want to find the best one for your case. As such, you should concentrate on the lawyer's expertise, skill level, and knowledge.

A good criminal defense lawyer may help (1) reduce your criminal charge to a lesser offense (for example, reduce a felony to a misdemeanor); (2) lessen the severity of the punishment for the crime; and (3) reduce or eliminate jail time (via probation, for example); and (4) help you develop a sound defense strategy.

Also, because of the nature of what's at stake, it's important that the attorney you hire has the necessary skill level needed to defend the case, and is the one who actually conducts most of the work. For instance, you may need someone familiar with crime scene investigations, witness/victim/police interviewing, and/or extensive knowledge of polygraphs, sketches, photographs, and video.

Finally, because criminal laws and penalties vary by state, it's important that the attorney have experience with the state and local rules of court.

How to Find a Criminal Defense Lawyer

There are numerous ways to find a criminal defense lawyer. Referrals from friends and family or online research may be a good start. However, in many instances, a person facing criminal charges may not wish to publicize the news of his or her arrest to extended family members and friends or may not have unlimited time to research online. As such, you may wish to find a local criminal defense lawyer using one of several quality-assured lawyer directories, such as FindLaw, devoted to connecting you to an experienced criminal defense lawyer in your area.

Questions to Ask a Criminal Defense Lawyer

Before selecting a criminal defense lawyer, you should feel comfortable enough speaking with him or her concerning all aspects of your criminal charge. Below are some of the questions you should ask:

• Do you have any experience handling cases similar to mine?
• How much of my criminal case will you actually handle?
• How many jury trials have you litigated?
• How often do you work out plea agreements or ask for a lesser charge?
• What are your attorney's fees, and how are they calculated? Do you offer a payment plan?
• Would you be willing to provide references from clients you've helped?

Criminal Defense Lawyer Fees

The cost of hiring a criminal defense lawyer will vary depending on a number of factors, including the attorney's experience, reputation, track record, and geographical location. Most criminal defense attorneys bill their time either hourly, or by a flat fee arrangement. Depending on the fee arrangement, some attorneys may allow you to get on a payment plan to handle ongoing charges. Others may require an upfront retainer fee before working on the case. In all cases, it is wise to consult with a variety of criminal defense lawyers in your area to find one you feel comfortable with in representing you and get a sense of the cost involved in representing your case.

Try This?

You have questions - right?  Call and get FREE answers now - (612) 619-0262.  The Rolloff Law Office - if we can't help you - will set you off in the right direction.  Don't believe it - call and find out.

Minnesota Criminal Sentences (Explained)

As a Minnesota Criminal Defense Attorney I get questions --- lots and lots of questions.  Here's one -about outcomes to criminal cases -- arranged from "best" to worst.

What are Some of the Different Types of Minnesota Criminal Sentences?

• Continuance for Dismissal/Continuance without Prosecution (CFD/CWOP): The state sets aside your case for a predetermined amount of time, and they dismiss the case after that period of time if you fulfill their conditions.
• Stay of Adjudication: The defendant offers a guilty plea to the court, but the court does not accept it. There is then a probationary period set with certain conditions. If the terms of the probationary period are met, the case is dismissed at the end of that period.
• Stay of Imposition: The defendant offers a guilty plea to the court which the court accepts, but does not impose the full sentence. There is a probationary period set with certain conditions, and at the end of the probationary period (if all conditions are fulfilled) the conviction may be reduced (e.g. from a felony to a misdemeanor) or it may be vacated and dismissed.
• Stay of Execution of Sentence: The defendant offers a guilty plea which the court accepts. The defendant is then placed on probation, with certain (or all) terms of the sentence are stayed (not given). For example, someone who is sentence to 45 days in jail “stayed” would not have to go to jail if they successfully fulfill the terms of their probation.
• Execution of Sentence: The defendant offers a guilty plea which the court accepts, and the sentence is imposed without any terms stayed. For example, someone who is sentenced to 30 days jail “executed” would actually have to serve that jail time.

Want to Know More?

Obviously, there's more to what goes on in court that can be set forth here.  If you have any questions about Sentences --- or anything related to your dilemma --- call the Rolloff Law Office today and set up an apointment for a Free Consultation: (612) 234-1165.

Minnesota Expungements (Explained)

The laws of the State of Minnesota allows individuals to expunge their criminal records in certain limited circumstances.

There are two types of criminal record expungement: “statutory expungment” and “inherent authority expungement.”  To get the total lowdown on an expungement, you should sit down a have a free consultation with a Minnesota Criminal Defense Attorney. 

Statutory Criminal Record Expungement

Statutory expungement in Minnesota is available (only) in certain limited circumstances, specifically: (a.) when someone has had certain controlled substance offenses dismissed and discharged; (b.) for certain juveniles prosecuted as adults; and (c.) for certain criminal proceedings not resulting in conviction.  For people that do not qualify for statutory expungement, there may be other options available, such as inherent authority expungement.

An individual that qualifies for statutory expungement and wants to proceed with the expungement process must formally petition the court. If the expungement petition is successful, the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except in certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Criminal Record Expungement
Inherent authority criminal record expungement in Minnesota is available to certain individuals that do not qualify for statutory criminal record expungement—individuals that were convicted of a crime through a guilty verdict (as the result of a jury or bench trial) or a guilty plea. This includes individuals who were convicted of a crime and received a stay of imposition of sentence or a stay of adjudication of sentence.

An individual that qualifies for inherent authority criminal record expungement and wants to proceed with the expungement process must formally petition the court. The petition includes such information as the crime sought to be expunged; the petitioner’s entire criminal record; and the reasons the petitioner is seeking expungement (e.g. for employment or housing purposes).

A hearing will take place after the expungement petition is filed with the court.  At the hearing the court will hear arguments from the petitioner; the state; and will also hear a statement from victim(s) of the crime sought to be expunged (if applicable).

After the expungement hearing the court will consider the petitioner’s argument; the state’s argument; and the victim’s statement (if one was provided).  The court analyzes several different factors when considering whether or not to grant expungement—including, but not limited to, the severity level of the crime sought to be expunged and steps the petitioner has taken to rehabilitate themselves since the conviction.

The court will either grant or deny the expungement after taking into consideration the above-stated parties’ arguments.  If the court grants the expungement the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except under certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

What To Do Next

The Rolloff Law Office offers a free consultations asa courtesy to potential clients. This evaluation will help determine whether potential clients may be eligible for criminal record expungement, pardon extraordinary, and/or return of arrest records.  The information you provide for the free evaluation is kept strictly confidential and used only for the purposes of the evaluation.  Call today and request an appointment: (612) 619-0262.

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