DUIMN Penalties-fines
State High Court Upholds Seizure of Vehicle in Minnesota DWI
Husband challenged seizure of the family SUV after wife nabbed for drunk driving.
The Minnesota Supreme Court ruled 4-3 to uphold the seizure of a vehicle involved in a drunk driving arrest. David Lee Laase claimed he was an innocent owner of a vehicle taken by police after his wife was arrested for driving while intoxicated in Minnesota.
Jean Margaret Laase was charged with MN DWI in 2006 after being stopped for erratic driving. Her blood alcohol content registered 0.22%, nearly three times the legal limit for intoxication. She pleaded guilty to gross misdemeanor DWI. Because of a prior DWI conviction, the law permitted the 2007 Chevrolet Tahoe she was driving to be seized.
David Lee Laase said he is the rightful owner of the vehicle, and indicated that he had no knowledge of his wife’s use of the vehicle while legally impaired, nor did he have pertinent information that called for him to prevent his wife from driving. Under Minnesota DWI law such a defense would protect him from the vehicle seizure, and both a district court and Appeals Court agreed.
The state Supreme Court however felt that since the couple shared the vehicle, and each had a set of keys, it was subject to seizure. The key came down to discussion on the phrase ‘innocent owner’. The majority opinion felt innocent owner only applied when both owners of a co-owned vehicle were innocent. The dissenting opinion felt a vehicle should not be subject to forfeiture if any of its owners can demonstrate that he or she had no knowledge that the vehicle was being used contrary to the law. The court ruling could have a far reaching impact, allowing police to seize property in a broader number of situations.
Have you had your car seized due to a MN DWI?
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Legislation Would Put Hold on Minnesota DWI Penalties
Motorists accused of drunk driving in MN would not lose license until actually found guilty.
In an effort to restore due process and a presumption of innocence until proven guilty, a state lawmaker has introduced a bill calling for motorists to be convicted of driving while intoxicated in Minnesota before losing their driver's licenses.
Under current Minnesota DWI law, drivers have their licenses suspended or revoked shortly after an arrest for suspicion of drunk driving. The revocation process can begin within 7 days of an arrest, and it is a separate civil case that occurs before defendants appear in court to resolve their criminal DWI offenses. The minimum suspension for registering a blood-alcohol content over the legal limit of .08% is 90 days. Refusal to submit to a breath or blood test will result in a one year suspension.
Under the proposed legislation, motorists would lose their licenses for a minimum of 30 days if the failed a breath test and at least 60 days if they refused to take a test.
Opponents of the measure have been quick to denounce it. Minnesota has an implied consent law which makes it mandatory for a motorist to provide a breath or blood sample if a law enforcement officer suspects a case of DWI. It is under that provision that licenses are suspended rapidly. Supporters of the bill say that drivers are penalized well before they even have the opportunity to defend themselves. They cite that not all motorists who drink are drunk. The public perception of an intoxicated driver is that of the chronic drunk who usually registers a BAC over twice the legal limit. In contrast, an arrest for MN DWI can be initiated by an officer based on the presence of alcohol and an assumption of impairment. The Breathalyzer equipment used in Minnesota has come under repeated legal challenges across the country for software glitches, and improperly maintained or calibrated equipment can lead to a false positive BAC readings. There are physical limitations that may influence a field sobriety test. It is those types of situations that are resolved in the court system with an impartial judge or jury.
The bill would also stop the seizure of license plates and vehicles until a person is convicted of DWI in Minnesota. In addition to re-asserting civil liberties, the legislation's author has criticized the current system as having fostered a costly, unwieldy bureaucracy.
Have you been arrested for DWI in Minnesota?
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Special Court Reduces Repeat Minnesota DWI in Hennepin County
DWI court focuses on chronic drunk drivers in Twin Cities area.
Last year Hennepin County created a DWI court targeting motorists likely to be repeat drunk driving offenders. Rather than conventional incarceration and penalties, such offenders are placed under rigorous supervision for a minimum of 18 months. Those performing well are rewarded and those who do not receive various sanctions. One incentive is the potential quicker return of one’s driver’s license if all conditions of the court are met.
The rehabilitation effort has resulted in just one repeat Minnesota DWI offender out of the 100 who have entered the program. Under more traditional probation, there is between 60-80% recidivism.
A spokesperson for the Fourth Judicial Court, which created and oversees the DWI court, cites the positive effect of drunk driving offenders now repairing their family lives and holding good jobs.
Do you need to find a Hennepin County, MN DWI Lawyer?
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