When Do I have the Right to Talk to a Lawyer During a DWI Arrest in MN? “Don’t talk to the cops without an attorney.” Usually, the best advice someone can follow if interacting with law enforcement. The Sixth Amendment guarantees your right to counsel. You also have the right to not incriminate yourself under…

What is First Degree DWI in MN? First Degree DWI is a felony in Minnesota. It is the highest level of DWI in Minnesota. A first offense felony DWI has a maximum sentence of up to seven years in prison and a $14,000 fine. A first offense felony DUI in Minnesota does not mean a…

What is Second Degree DWI in MN? 2nd Degree DWI is a gross misdemeanor in Minnesota. Gross misdemeanors have a maximum punishment of up to one year in jail and a $3,000 fine. 2nd Degree DWI is the second most severe level of DWI in Minnesota. 1st Degree Felony DWI is the only more serious…

What is Third Degree DWI in MN? Third Degree DWIs in Minnesota are gross misdemeanor offenses. These carry up to a maximum punishment of up to one year in jail and a $3,000 fine. Third Degree DWIs are neither the worst, nor least severe DWI. Felony First Degree DWI is the worst DWI in Minnesota….

Driving Without a Valid License on Private Property is Permissible Recently, the Minnesota Court of Appeals overturned a driving with a cancelled driver’s license and DWI because the driver was driving on his driveway when the officer arrested him. In State v. Velisek, the court reversed Velisek’s convictions because the statute prohibiting a person with…

Attorney Ben Koll Wins Motion to Suppress and Dismiss in DWI Case Recently, Attorney Ben Koll of Ambrose Law Firm won a motion to suppress and dismiss all charges in a Hennepin County DWI case. Here is a recap of his victory. In the Spring of 2020, just after the death of George Floyd, T.R….

“Have you been drinking?” Legal Question Says MN Supreme Court During DWI Traffic Stop  Recently, the Minnesota Supreme Court waded into the waters of DWI traffic stops. In State v. Taylor, a cop approached a driver and asked him if he had been drinking. What is so wrong with that question, you ask? The officer…

New License Plate Impoundment / Whiskey Plates Law Whiskey Plates or Special Registration Plates are a requirement for drivers and vehicle owners who have been served an Order of License Plate Impoundment pursuant to DWI offenses. The Minnesota Legislature recently enacted a new law that allows for people to remove whiskey plates from their vehicles…

What is the Difference Between an Administrative Review and Judicial Review? MN DWI Laws Upon being arrested for a DWI in Minnesota, you will receive a notice and order of revocation for your driving privileges, if you took a breath test that resulted in an alcohol concentration of .08 or more or if you refused…

Marijuana DWI Conviction Requires Actually Being Under the Influence of Marijuana You can get a Marijuana DWI in Minnesota. But, under Minnesota law, you must actually be under the influence of marijuana. Mere presence of marijuana in your system is not enough. Recently, the Minnesota Court of Appeals addressed this topic in State v. Berger….

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