The race is on. Who can develop the most reliable and accurate breath test machine for marijuana (THC)? And, who can do it the fastest? Some companies tote they already did it. Dräger claims to already have such a machine. Its machine, can test up to seven different drugs, including methamphetamine and cocaine. Cannabix Technologies…

Last week, we blogged here about the Supreme Court of the United States (SCOTUS) granting review of Bernard v. Minnesota. Two main questions are emerging from SCOTUS’s order last week: (1) the Court reviews about 10,000 petitions each year, why did It grant review of Bernard – a state court case reviewing the constitutionality of…

Major DWI news broke yesterday: the United States Supreme Court granted review of Bernard v. Minnesota. Out of the roughly ten thousand petitions SCOTUS receives each year, it only grants review of about eighty. This week, the Court was considering thirteen DWI cases. Making the final cut was Bernard; Birchfield v. North Dakota; and Beylund…

Do you trust the accuracy of a cop’s breath test machine? Do you have faith the state’s crime lab will properly handle and analyze your blood or urine sample? In the age of second guessing police procedures around the clock, Minnesota already provides the right to second guess your alcohol concentration level determined by the…

Not surprisingly, the Minnesota Supreme Court granted review of State v. Trahan last week. Even though the supreme court chooses to decide only an incredibly small fraction of cases, it was practically a lock they would decide to review Trahan. The supreme court likely granted review for three main reasons: (1) the decision by the court…

“I heard if you suck on a penny it will neutralize the alcohol you drank and you can beat a breath test. Maybe it was a quarter. Or, a dime. I can’t remember. If you are about to get busted for DWI, just grab whatever change you can find and throw it in your mouth.”…

We recently blogged about Minnesota’s ability to forfeit a vehicle after certain offenses here. We discussed the procedure an owner must follow in attempting to recover a seized vehicle.[1] Part of a successful attempt may include proving an affirmative defense, such as the innocent owner defense. This is a popular defense for a vehicle owner…

Losing a vehicle after receiving a DWI is a very real, yet lesser known consequence. In 2000, Minnesota enacted a vehicle forfeiture statute to bolster “efforts to keep impaired drivers off the road, particularly those drivers who have shown a repeated willingness to drive while impaired.”[1] This statute allows the state to seize your vehicle…

“[I]t was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had…

In the upset of the week, and potentially year, the Minnesota Court of Appeals recently declared Minnesota’s DWI Test-Refusal Statute unconstitutional. Commonly, Minnesota appellate courts are incredibly conservative in DWI cases, especially in recent constitutional challenges,[1] which makes the decision in State v. Trahan surprising. In a 2-1 decision, Judge Halbrooks wrote that requesting a…

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