DWI / DUI - Archive - Ambrose Law Firm, PLLC

14 03 '19

MN’s DWI Vehicle Forfeiture Law Declared Unconstitutional as Applied to an Innocent Owner: Olson, et. al. v. One 1999 Lexus

Yesterday, the Minnesota Supreme Court issued one of the most anticipated opinions regarding DWI laws this term. The high court determined whether MN’s DWI forfeiture law was unconstitutional on its face; was unconstitutional as applied to the innocent owner of the vehicle; and was unconstitutional as applied to the driver of the vehicle. The court decided…

31 01 '19

MN DWI Blood Test Protections Continue to Erode in State v. Wood

Minnesota appellate courts continue to beat down constitutional rights for drivers in MN DWI blood test cases.[1] This time, the onslaught continued in State v. Wood. While Appellant Wood’s unfortunate result was significantly impacted by unlucky timing, he also was on the receiving end of the appellate bench favoring search warrants over statutes. Importantly, Wood’s…

08 01 '19

Right to Counsel in Blood & Urine Test DWIs: State v. Rosenbush

The constitutional right to have an attorney is firmly stamped in today’s modern legal system. Where the right to consult with an attorney begins and ends, however, is a more difficult area to address. This exact issue is being addressed on oral argument in front of the Minnesota Supreme Court on January 9, 2019. The…

08 08 '18

Scooting Past a DWI: Can You Get a DWI on an Electric Scooter?

Ever walk in downtown Saint Paul or Minneapolis and an electric scooter whips by your ear? Yeah, me neither. These fun new methods of transportation are emerging in the twin cities as quickly as flies at a BBQ. Companies are dropping off these devices across the nation like fliers from a blimp. All you need…

31 12 '17

Do Field Sobriety Tests and PBTs Require a Warrant?

Some people will do whatever a police officer asks them to do. Many of us are trained to obey authority and will cooperate by any means possible. How dare we be labeled as disobedient. Others, are a little more skeptical as distrust of authority and law enforcement can run deep. Some neither want to be…

24 07 '17

Boating While Intoxicated Minnesota Law Update

In the land of 10,000 lakes, it is a staple of most summers to spend some time out on the water. Whether by boat, jet ski, or other watercraft, many Minnesotans will venture out into one of our majestic lakes or rivers during the boating months of May to October. Getting out on the water…

26 06 '17

MN DWI Update: New Laws Take Effect this Week

The Minnesota legislature was active this session passing a wide variety of new DWI laws. They go into effect statewide this Saturday, July 1st, 2017. Some changes are in response to the new landscape under Birchfield[1] and some are laws that failed to pass last year. As expected, Minnesota Implied Consent Advisory is changing to…

17 12 '16

Can Inhaling Duster Get You A DWI? Previewing State v. Carson

We all know driving under the influence is a crime. But what exactly does the law say on the subject? Minnesota law prohibits people from driving when under the influence of three things. Two are well known: alcohol and controlled substances. However, what might be less known, is that Minnesota law also prohibits people from…

11 11 '16

Decision Recap: Johnson v. Commissioner of Public Safety – No Driver’s License Revocation if Police Tell You Refusing a Urine Test is A Crime

On Monday, the Minnesota Court of Appeals decided Tyler Lee Johnson v. Commissioner of Public Safety. The opinion touches upon a number of different issues surrounding implied consent law, but it can be summed up succinctly with the following: if the police say you can lose your license for refusing a warrantless blood or urine…

21 10 '16

DWI Update: How Did We Get Here and What’s Next? Proposing Changes to Minnesota DWI Laws

Minnesota drivers used to face serious criminal penalties for refusing a blood or urine test after being read the Minnesota Implied Consent Advisory in DWI cases. As previously discussed,[1] this is no longer the case according to both the United States Supreme Court and the Minnesota Supreme Court. So, will DWI laws adapt and change…