Minneapolis DUI/DWI And Criminal Defense Law Blog

Minnesota laws in regards to drinking and driving are some of the strictest in the country. This is no surprise considering how much driving we do. But if a driver is lawfully arrested by an officer who has probable cause for thinking a driver of a car, truck or even boat is under the influence of alcohol, you fall under the implied consent law in Minnesota. The officer may also administer field test without arresting the driver if there is an accident or destruction of property.

The driver is required by law to consent to a chemical test of your blood, breath or urine in order to determine if they are over the .08 percent blood alcohol content (BAC). A test of the officer's choosing must be administered within two hours of pulling over the driver. If the driver refuses to take the test, they are cited with a DWI test refusal, which has penalties just as stringent as DWI with automatic suspension of driver's license. You may consult an attorney before taking the test, but that must take place within the required two-hour window - if the driver takes too long there is the assumption that he or she has refused the test. If you refuse the field test, the officer will arrest you and you will then be forced to take the test anyway.

Most of us know the mild embarrassment that follows a poorly thought out social media post. But a growing number of people in Minnesota and throughout the United States are facing criminal trouble due to ill-advised posts, pictures and videos posted online.

A woman who fears for her safety in the midst of an incident of domestic violence and has the opportunity to stop the violence by defending herself can easily justify domestic homicide. However, the question of self-defense becomes less clear when a woman kills her spouse during a time that he poses no immediate threat, for example, when he is asleep. If the relationship has a history of domestic abuse, the woman might suffer from a condition called Battered Woman Syndrome. Symptoms such as the following might justify claims of self-defense:

Under your Miranda rights, the courts appoint an attorney from the public defender system if you cannot afford to pay the legal fees for your defense. This does not mean you should expect your defense to be free of charge. Although your defense may seem more affordable than private attorney fees, you need to consider the full, long-term costs of using an overworked public defender, including an increased likelihood of conviction.