CHAPTER 1

Introduction
Foreword to the Third Edition; Omnibus DWI Chart; Appendix A – Minnesota DWI Chart

- Marsh J. Halberg

CHAPTER 2

Implied Consent
Introduction; An Overview of Minnesota’s Implied Consent Law; Invoking Minnesota’s Implied Consent Law; Test Request and Advisory; Refusal; Reasonable Refusal; Notice of Revocation; Challenging the Revocation; Remedial Loss of Driving Privileges and Other Practical Consequences of Driving While Impaired

- Kristi Nielson

CHAPTER 3

Driver’s License Law and Sanctions
Introduction; Definitions; Alcohol/Drug Test Conviction and Test Refusal Sanctions; Criminal Vehicular Homicide and Injury (MINN. STAT. § 609.21) or Manslaughter (MINN. STAT. § 609.20); Loss of Driving Privilege for Commercial Class A-B-C Driver’s License Holders; Special Review; Rehabilitation; Underage Drinking and Driving (the “Not a Drop” Law), Purchase or Attempt to Purchase Alcohol or Tobacco, and Possession of Controlled Substances in a Motor Vehicle; Fleeing a Peace Officer in a Motor Vehicle – MINN. STAT. § 609.487; Limited License; Judicial and Administrative Review of License Loss; Forms

- Joan Kopcinski & Jane Landwehr

CHAPTER 4

Automobile Stops and Initial Investigations
The Fourth Amendment Standard; Definition of “Probable Cause”; Exceptional Circumstances Excusing Strict Compliance; Impeachment With Illegally Seized Evidence; Standing; Related Fourth Amendment Claims

- Martin J. Costello & Christina M. Zauhar

CHAPTER 5

Field Sobriety Testing
Introduction; Basis for Testing; Questioning Techniques; Flushed Face; Finger-Count Technique; Preliminary Breath Testing; Probable Cause for Arrest; Standardized Field Sobriety Testing; Horizontal Gaze Nystagmus Testing; Accuracy of Field Sobriety Testing

- Mark Metz & Judge Michael Wentzell

CHAPTER 6

Breath, Blood, and Urine Testing
Overview of Testing; Demanding/Requesting a Test; Alcohol in the Body; Breath Testing; Blood Testing; Urine Testing; Drug Testing; What Constitutes a Refusal—Criminal Aspects

- Douglas V. Hazelton, Jeremy J. Kaschinske & Charles Ramsay

CHAPTER 7

Controlled Substances
Introduction; Drug Recognition Evaluation: Generally Speaking, What is It?; Psychoactive Drugs; The 12-Step Drug Recognition Protocol; Minnesota Statutory Law; Minnesota Case Law; Published Decisions from Other Jurisdictions; Additional Issues; Other Resources and Useful Websites; Conclusion; Appendix A – The Minnesota Drug Evaluation and Classification Program

- Karen S. Mara & Sgt. Riccardo Munoz

CHAPTER 8

Commencing Representation
Introduction; The Phone Call; Initial Consultation; Right to Counsel; Additional Testing; Appendix A – Forms

- Steven T. Grimshaw & Eric L. Newmark

CHAPTER 9

Pretrial Release
Introduction; Overview of the Process; Factors Affecting Release; Statutorily Mandated Conditional Release

- Darren C. Borg

CHAPTER 10

Prosecuting the Case
Prosecuting Driving While Impaired Cases; Into the Prosecutor’s Hands; Checking First to Determine Whether There is a Criminal Vehicular Operation Charge; Determining Degrees of Traditional DWIs: Aggravating Factors; The Charging Decision; Common Defenses; Issuance and Procedural Trail of the Complaint; Amending Complaints After Filing; The Best Approach; Appendix A – Annotated Complaint

- Christopher P. Renz & Andrew R. Small

CHAPTER 11

Pretrial Matters
Immediate Timing Issues Upon DWI Arrest; Prosecutorial Charging Review Standard and Other Intake Tasks; Discovery Matters; Pretrial Rule 5 and Rule 8 Hearings; Policies and Settlement Negotiations; Guilty Pleas; Omnibus Hearings

- Peter Ivy

CHAPTER 12

Discovery, Evidence, and Other Issues Specific to DWI Trials
Introduction; Discovery; Evidence; Conclusion

- Michael J. Brand

CHAPTER 13

Physical Control
DWI and Physical Control; What Does it Mean to be in “Physical Control?”

- Carolyn Agin Schmidt

CHAPTER 14

DWI Sentencing Considerations and Mandatory Minimums
Introduction; Misdemeanor Driving While Impaired; Gross Misdemeanor Driving While Impaired; Felony Driving While Impaired; Consecutive Sentences; Chemical Dependency Assessment—MINN. STAT. §§ 169A.70, SUBD. 2 & 169A.284; Level of Care—MINN. STAT. § 169A.275, SUBD. 5; Stay of Execution of Sentence—MINN. STAT. § 169A.283; Long-Term Monitoring—MINN. STAT. § 169A.277; Staggered Sentencing; Ignition Interlock Device Program; Notice of Enhanced Penalty—MINN. STAT. § 169A.47; A Review of DWI Sentencing Case Law

- Gail E.M. Diliberto

CHAPTER 15

Ignition Interlock
Introduction; Ignition Interlock Device; The Ignition Interlock Device Program; Practical Issues; Forms; Appendix A – Ignition Interlock Law Charts; Appendix B – Forms

- Marsh J. Halberg

CHAPTER 16

Forfeiture
Introduction; Glossary of Terms; Overview of the Statute; Vehicles Qualifying for Forfeiture; The Forfeiture Action; Settlement of the Forfeiture Action; Constitutional Issues Associated With Forfeiture; Case Law Summary

- Jennifer L. Casanova and Nicole A. Nichols

CHAPTER 17

License Plate Impoundment
Overview; Current or Triggering Plate Impoundment Violation; Qualified Prior Impaired Driving Incident; Vehicles Subject to Plate Impoundment; Vehicles Not Subject to Plate Impoundment; When Does Impoundment Occur?; Impoundment Process; Post-Impoundment Vehicle Use and Transfer Restrictions; Challenge of Plate Impoundment Order; Return of Regular Plates

- Lee M. Orwig

CHAPTER 18

Probation
DWI Probation; Mechanics of the Sentence; Procedure and Case Law; Felony DWI Supervision; Community Corrections Programs

- Robert Roeglin

CHAPTER 19

Appellate Practice
Overview of the Appellate Process; Before the Appeal; Filing and Service Time Limits; Cost Bonds and Related Issues; Service and Filing of Briefs; Mandamus and Prohibition; Motion Practice: Minnesota Rule of Civil Appellate Procedure 127; Oral Argument; Standards of Review; Notice of Decision; Costs and Disbursements; Petitions for Review

- Justice G. Barry Anderson

CHAPTER 20

Insurance and Civil Actions
Insurance; Civil Actions—Motor Vehicle Accidents Involving Intoxication

- David W.H. Jorstad

CHAPTER 21

Ethics and Professional Responsibility
Sources of Law on Ethics and Professional Responsibility; Advertising and Solicitation; Conflicts of Interest; Candor to the Tribunal; Attorneys’ Fees; The Effect of a DWI on an Attorney’s License to Practice Law

- Robin J. Crabb

CHAPTER 22

Felony DWIs
Introduction; Felony DWI Statutory Amendments; Effects of Felony DWI Statutes; Case Law Developments

- Paul Scoggin

CHAPTER 23

Offenses Involving Recreational Vehicles
Introduction; Motor Vehicles; Boating; Snowmobiles and Off-Road Recreational Vehicles; MINN. STAT. § 169A.07; Special Concerns When the Arrest is Not Made by a Licensed Peace Officer; Conclusion

- Steven M. Tallen