Edited by Marsh J. Halberg & Debbie Lang
Minnesota CLE’s 4th Edition of the Minnesota DWI Deskbook is the one complete and authoritative resource for DWI practice in Minnesota. Written by more than 35 leading prosecutors, criminal defense attorneys, state agency representatives, and judges, the Deskbook’s 23 chapters comprehensively analyze the full spectrum of DWI topics, offering practical expertise honed by the authors’ decades of experience. With this edition, Editors Marsh Halberg and Debbie Lang, and all of the authors have taken Minnesota’s best DWI desk reference and made it even better. Order yours today!
This Update includes the latest case law and legislative developments. The Update brings your Deskbook fully up to date, saving you valuable time otherwise lost to research, so that you can devote more of your resources to assisting clients. Highlights of the 2022 Update include:
All hard copy Deskbooks come with a bonus Legal QuickSheet on Minnesota DWI Laws (updated in 2022) – a handy guide that addresses minimum sentencing requirements, mandatory conditional release requirements, driver’s license revocation period, plate impoundment, vehicle forfeiture, and additional requirements for reinstatement of driving privileges for various DWI offenses.
BUNDLE AND SAVE!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.
Foreword to the Fourth Edition; DWI Chart
– Marsh J. Halberg & Debbie E. Lang
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
– Nicholas Moen
Driver’s License Law and Sanctions
Introduction; Definitions; Alcohol/Drug Test Conviction and Test Refusal Sanctions; Criminal Vehicular Homicide and Injury (MINN. STAT. §§ 609.2112; 609.2113; 609.2114) 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 and Vanessa’s 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; Minnesota Driver and Vehicle Services Website
– Charles Segal
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
Field Sobriety Testing
Introduction; Basis for Testing; Questioning Techniques; Signs of Impairment; Preliminary Breath Testing; Probable Cause for Arrest; Standardized Field Sobriety Testing; Horizontal Gaze Nystagmus Testing; Accuracy of Field Sobriety Testing
– Kevin Hill & Mark Metz
Breath, Blood, and Urine Testing
Overview of Testing; Demanding/Requesting an Evidentiary 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 & Daniel Koewler
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. Tyler Milless
Introduction; The Phone Call; Initial Consultation; Right to Counsel; Additional Testing; Appendix A – DWI Incident Report; Appendix B – Case Report; Appendix C – Consent to Arraignment; Appendix D – Certificate of Representation; Appendix E – Court Appearance Data Sheet; Appendix F – Immigration Status/Citizenship Declaration and Acknowledgement; Appendix G – Permission for Release of Information; Appendix H – DWI Jail Call Questionnaire and Checklist; Appendix I – Waiver of Hearing; Appendix J – Waiver of Presence
– Steven T. Grimshaw, Eric L. Newmark & Paul A. Overbee
Introduction; Overview of the Process; Factors Affecting Release; Statutorily Mandated Conditional Release; Appendix A – Standing Order re: Pre-Appearance Release Procedures and Bail Schedule (Hennepin County)
– Paul J. Gunderson
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; Prosecution Dismissals; The Best Approach; Appendix A – Annotated Complaint
– Christopher P. Renz & Andrew R. Small
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 and Motion Practice; Appendix A – Stipulated Trials
– Kevin Hill
Discovery, Evidence, and Other Issues Specific to DWI Trials
Introduction; Discovery; Evidence; Conclusion
– Michael J. Brandt, Danielle C. Peden & Camry Fielders
DWI and Physical Control; What Does It Mean to Be in “Physical Control?”
– Carolyn Agin Bruno & Samantha Foertsch
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
– Andrew T. Poole
Introduction; Ignition Interlock Device and Program; Program Violations and Penalties; Optional and Mandatory Ignition Interlock Usage; Employment Exemption; Registration Plates and Sentencing Benefits; Vendors; Forms; Appendix A – Ignition Interlock Participation Agreement, Form PS31201; Appendix B – Special Review Awareness, Form PS31086; Appendix C – Last Use Statement, Form PS31083; Appendix D – Employment Exemption for Ignition Interlock, Form PS31205; Appendix E – Reduced Fee for Ignition Interlock Servicing and Monitoring, Form PS31204; Appendix F – Voluntary Withdrawal from the Ignition Interlock Program, Form PS31208; Appendix G – Request for Administrative Review, Form PS31211
– Christina Zauhar
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; Appendix A – Demand for Judicial Determination Pursuant to MINN. STAT. § 169A.63, SUBD. 9
– Eric W.M. Bain & Nicole A. Kettwick
License Plate Impoundment
Overview; Current or Triggering Plate Impoundment Violations; 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; Appendix A – Request for Administrative Review of License Plate Impoundment Order/Request to Approve Sale of Vehicle Subject to License Plate Impoundment, Form PS31125; Appendix B – Petition for Review and Proposed Order; Appendix C – Application for Special Registration Plates, Form PS2041
– Tran T. Nguyen
DWI Probation; Mechanics of the Sentence; Procedure and Case Law; Felony DWI Supervision; Community Corrections Programs
– Wesley J. Abrahamson
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
Insurance and Civil Actions
Insurance; Civil Actions – Motor Vehicle Accidents Involving Intoxication
– David W.H. Jorstad
Ethics and Professional Responsibility
Overview of Law on Ethics and Professional Responsibility; Issues Prior to Representation; Issues During Representation and Before Trial; Issues During Pleas or Trial; Attorney Discipline
– Edward F. Kautzer & Matthew J. Wildes
Introduction; Felony DWI Statutory Amendments; Effects of Felony DWI Statutes; Case Law Developments
– Aaron P. Welch
Offenses Involving Recreational Vehicles
Introduction; Lost Operating Privileges for Recreational Vehicles; Ignition Interlock on Recreational Vehicles; Special Concerns When the Arrest Is Not Made by a Licensed Peace Officer; Conclusion; Appendix A – 2021 DWI Legislative Changes; Appendix B – Example DNR Revocation Notice
– Andrew Wilson
Table of Authorities
HARD COPY: $189
LINKEDLAW: $125 for 1-year subscription
Bundle and save!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.
Other discounts that may apply:
Please email firstname.lastname@example.org or call 800-759-8840 to inquire about bulk orders.
Take Your Deskbooks to the Next Level With LinkedLaw
Minnesota CLE's Deskbooks, important resources you have known and trusted for decades, are even more valuable with LinkedLaw, an innovative web-based product. LinkedLaw Deskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw Deskbooks are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book.
And, with a LinkedLaw Deskbook subscription you will always have the most current version of the Deskbook at your fingertips. All updates and new editions published during the subscription period are incorporated automatically and seamlessly into the LinkedLaw Deskbook, becoming instantly available at no extra cost.
LinkedLaw Deskbooks have everything you need to research, prepare and evaluate dynamite analysis – and save valuable time in the process!
Accessing LinkedLaw eDeskbooks
Subscribers have 24/7 access to their LinkedLaw eDeskbooks through their account on the Minnesota CLE website under My Account > eResources & Publications. Access to each LinkedLaw eDeskbook subscription will be available to the subscriber for 12 months from the date of purchase. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Using LinkedLaw eDeskbooks
LinkedLaw eDeskbooks are designed to be user-friendly. Easy-to-use features allow you to navigate quickly through the book, readily search the entire text, and instantly summon the text of primary authorities mentioned in the text. Depending on the device being used, additional features may also be available to you including tools that allow you to copy and paste, zoom in and out, expand the table of contents, view page thumbnails, and more.
Renewing LinkedLaw eDeskbook Subscriptions
Current subscribers to an individual LinkedLaw eDeskbook title can renew their subscription at a specially reduced subscription rate if renewing within the time frame specified.
LinkedLaw Deskbooks can be accessed on any operating system with a supported internet browser and HTML5. The operating system should have 512MB or more of RAM and a single core CPU 2.0 GHz or dual core CPU 1.5 GHz or higher.
LinkedLaw Deskbooks also can be accessed on mobile devices that support HTML5. Some features such as the copy and paste tool may not be available on these devices.
The system is designed to recognize the user's device/platform and load the appropriate version of the LinkedLaw Deskbook.
Test your system by viewing this LinkedLaw Deskbook sample:
I understand and agree to the following:
The LinkedLaw Deskbook subscription period will extend for one year from the date you submit your credit card payment information. The subscription fee is nonrefundable. Your subscription will not automatically renew, but you may renew at a reduced price if renewing within the time frame specified. The subscription is nontransferable. LinkedLaw Deskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Minnesota Continuing Legal Education grants you a nonexclusive, nontransferable license to access, retrieve, and view the LinkedLaw Deskbook during your subscription period. Sections of the Deskbook also may be cut and pasted into your documents and forms may be downloaded for your use. The LinkedLaw Deskbook is for your personal use only. LinkedLaw contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, copying, sharing, resale, or otherwise, of material obtained from LinkedLaw, except as permitted by the Copyright Act or other law. The compilation of all content in LinkedLaw is the exclusive property of Minnesota Continuing Legal Education and is protected by U.S. and international copyright laws.
Disclaimer and Limitation of Liability:
Any information contained in the materials in LinkedLaw is not legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in LinkedLaw was current and applicable at the time of the Deskbook's original publication. Obviously, neither Minnesota Continuing Legal Education nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to have been completely free of errors when first published. Readers should verify any statements before relying on them.
The materials reflect the viewpoints of their authors and do not necessarily express the opinions of Minnesota Continuing Legal Education.
Minnesota Continuing Legal Education makes no warranties, express or implied, concerning the materials contained in LinkedLaw. Minnesota Continuing Legal Education expressly disclaims all implied warranties of merchantability and of fitness for a particular purpose.
Minnesota Continuing Legal Education does not warrant that this Website, its services, its servers, or e-mails sent from it are free of viruses or other harmful components. Under no circumstances shall Minnesota Continuing Legal Education be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of this site, or sites to which it links, or from reliance on or use of information, services, software, or merchandise provided on or through this site, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.
Minnesota Continuing Legal Education reserves the right to immediately terminate this Agreement and deny you access to LinkedLaw if you materially breach this Agreement, including but not limited to misuse or unauthorized distribution of the LinkedLaw materials.
This Agreement is governed by the laws of the state of Minnesota. If any provision of this Agreement, or its application, shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Failure by Minnesota Continuing Legal Education to enforce any provision does not waive any further enforcement rights.
What is the difference between the LinkedLaw Deskbook Library and the LinkedLaw Deskbook Premium Library?
The LinkedLaw Deskbook Premium Library contains one additional Deskbook, the best-selling Drafting Wills and Trust Agreements LinkedLaw Deskbook.
Do I need any special hardware or software to access LinkedLaw Deskbooks?
LinkedLaw Deskbooks can be used accessed with any Internet browser on any device. Some tools like copy/paste may not be available on mobile devices. Test your system by viewing the LinkedLaw Deskbook sample.
May I preview a LinkedLaw Deskbook before deciding to subscribe?
You are welcome to give the LinkedLaw Deskbook sample a test drive!
May I purchase a LinkedLaw Deskbook or LinkedLaw Library Subscription over the phone?
No, purchasing a subscription online is how you activate the link to access an individual LinkedLaw Deskbook or the LinkedLaw Deskbook Library.
Can I be invoiced for a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription?
No, subscriptions must be purchased and paid for online.
Is the length of my subscription rounded off to the nearest week or month?
No, your subscription will run one full year (or month, if a monthly subscription is chosen), to the day. You can see the expiration date of your subscription under My Account > eResources & Publications.
Once I’ve purchased a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription, how do I access it?
Log into your account on the Minnesota CLE website and go to My Account > eResources & Publications.
If you've purchased an individual LinkedLaw Deskbook, click the VIEW button by the LinkedLaw Deskbook title in the "Active Online Publications" section.
If you've purchased a LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library subscription, click the ACCESS button in the "LinkedLaw Deskbook Library Subscription" section.
Will I always have access to the LinkedLaw Deskbooks?
Yes, you will always have access to the LinkedLaw Deskbook as long as you have an active individual subscription to the LinkedLaw Deskbook or if you have an active LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library subscription.
Do I need to purchase updates for my LinkedLaw Deskbook?
No, any update or new edition published during your subscription period is included at no extra charge and will be incorporated automatically and seamlessly into the LinkedLaw Deskbook.
Can I download the forms in a LinkedLaw Deskbook?
Yes, and we recommend that you download all of the forms in your LinkedLaw Deskbooks so you can use them without Internet access.
Why won't my eforms download when using Google Chrome? What should I do?
Google has started to block the download of certain types of content in its latest versions of Chrome. One option you have is to switch to a different browser. To continue using Chrome, you can try the following:
Copy and paste chrome://settings/content/insecureContent into your Chrome browser address bar. In the "Allow" section, click the Add button. An "Add a Site" pop-up box should appear. Enter www.minncle.org in the box and click the Add button. You should now be able to open and download your eforms.