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?

2 Texas DWI arrests in 15 hours

On January 3, the reigning Miss Montana was arrested for driving under the influence in Montana after police pulled her over around 2:30 am for not having her headlights on. Jennifer Hepner refused to submit to a breath or blood test, and her driver

A Rochester man was charged with driving while intoxicated in Minnesota after police found him in his car. However the man

The Minnesota Court of Appeals has upheld DWI charges against a man arrested by police for sitting in his vehicle. Daryl Dean Fleck had been convicted on two counts of driving while intoxicated in Minnesota after being found asleep in his SUV with the door open. The keys were in the center console and the vehicle was in Fleck’s assigned parking space. Fleck told police that he went to get something from his Chevy Blazer and then decided to sit in it for awhile. Investigating officers found three cans of beer under a blanket on the passenger seat. A breath test registered a blood alcohol content of .18%.

In the Appeals Court ruling, the judges said that there was sufficient evidence that Fleck was in ‘physical control’ of his vehicle and thus the DWI arrest was warranted. They went on to say that Fleck may have, without too much difficulty, started the vehicle and become a danger to others. Fleck denies any intent to drive the vehicle and he even told police he did not know where his keys were at the time of the arrest, though the court ruled that intent was ‘immaterial’.

The courts have undertaken the question of physical control in incidents of MN drunk driving before. In a 1984 case involving a man who slept in his vehicle after having an argument with his girlfriend, his case was won on appeal, as he showed no intent to drive. In 2006, police responded to an intoxicated man arguing with another guest at a wedding reception. The man was observed walking to his vehicle, unlocking the door and placing his foot in the car. He then turned and threw the keys to his wife but he was still charged with DWI for being in control of a vehicle. That case was eventually dismissed.

Those rulings leave open legal options to Fleck and his Minnesota DWI defense lawyer.

Were you charged with drunk drivig in MN?

Between 9:00 pm Friday and 5:00 am Saturday, the Austin Police Department ran its ‘no refusal’ effort and arrested 25 motorists on suspicion of driving while intoxicated in Texas. The initiative calls for anyone suspected of drunk driving in Austin to submit to a chemical test to check blood alcohol content. Of the 25 TX DWI arrests, 9 submitted to a breath test. The remaining 16 were forced to provide blood samples after a judge issued a search warrant.

The ‘no refusal’ effort was scheduled during the peak of the South by Southwest music festival. Despite the additional crowds in town for the event, police report that 16 forced blood draws is low. On typical

A Minneapolis area Metro Transit driver was arrested for driving while intoxicated in Minnesota while operating a bus with a blood alcohol content six times the legal limit. Alonzo V. Martin was stopped around 9:40 pm after passengers and a motorist called police to report erratic driving.

Police officers say that Martin exhibited slurred speech, bloodshot eyes and an aroma of alcohol. Martin denied drinking though an open container of alcohol was found on the bus. He failed a field sobriety test and a breath test revealed a blood alcohol content of .24%. According to Minnesota DWI laws, a driver is legally intoxicated with a BAC of .08%. For a commercial driver, however, the threshold for drunk driving in MN is .04%.

Martin is expected to be charged with third degree Minnesota DWI. He has a history of driving offenses, including several speeding tickets, no proof of insurance, inattentive driving and having an open container. Two tickets were issued within 12 months of his hire by Metro Transit, a violation of company employment policy.

Martin has been placed on leave pending the filing of formal charges. This is the first incident of driver receiving a DWI while on duty in the history of the transit agency.

Do you need to hire a Minneapolis DWI lawyer?

The Connecticut Supreme Court ruled unanimously that a person can be found guilty of driving under the influence without actually driving their vehicle. The decision stems from the case of an Andover man arrested for CT DUI in 2005. Michael Cyr was intoxicated when he started his car remotely and then sat in the driver

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The recent warrant for the arrest of Lindsay Lohan was issued on the supposition that the actress had violated terms of her probation stemming from a 2007 California DUI arrest. Lohan is required to attend a substance abuse program and there were reported incidents of absence. Lohan