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 30 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 the authors have taken Minnesota’s best DWI desk reference and made it even better. Order yours today!
2024 UPDATE
The 2024 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 2024 Update include:
BONUS
All hard copy Deskbooks come with a bonus Legal QuickSheet on Minnesota DWI Laws – 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.
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CHAPTER 1
Introduction
Foreword to the Fourth Edition; DWI Chart
– Marsh J. Halberg & Debbie E. Lang
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
– Nicholas Moen
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. §§ 609.2112; 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
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
CHAPTER 5
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
CHAPTER 6
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, Charles Ramsay & Daniel Koewler
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. Tyler Milless
CHAPTER 8
Commencing Representation
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
CHAPTER 9
Pretrial Release
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
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; Prosecution Dismissals; 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 and Motion Practice; Appendix A – Stipulated Trials
– Kevin Hill
CHAPTER 12
Discovery, Evidence, and Other Issues Specific to DWI Trials
Introduction; Discovery; Evidence; Conclusion
– Michael J. Brandt, Danielle C. Peden & Isabel L. McClure
CHAPTER 13
Physical Control
DWI and Physical Control; What Does It Mean to Be in “Physical Control?”
– Carolyn Agin Bruno & Samantha Foertsch
CHAPTER 14
Sentencing
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
CHAPTER 15
Ignition Interlock
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; Appendix H – Request for Reinstatement, Form PS3001
– Christina Zauhar
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; Appendix A – Demand for Judicial Determination Pursuant to MINN. STAT. § 169A.63, SUBD. 9
– Eric W.M. Bain & Nicole A. Kettwick
CHAPTER 17
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 PS31125-14; Appendix B – Petition for Review and Proposed Order; Appendix C – Application for Special Registration Plates, Form PS2041-9
– Brian F. Murn
CHAPTER 18
Probation
DWI Probation; Mechanics of the Sentence; Procedure and Case Law; Felony DWI Supervision; Community Corrections Programs
– Zach Graham
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; Oral Argument; Standards of Review; Notice of Decision; Costs and Disbursements; Petitions for Review
– Justice G. Barry Anderson & Benjamin J. Butler
CHAPTER 20
Insurance and Civil Actions
Insurance; Civil Actions – Motor Vehicle Accidents Involving Intoxication
– David W.H. Jorstad
CHAPTER 21
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
CHAPTER 22
Felony DWIs
Introduction; Felony DWI Statutory Amendments; Effects of Felony DWI Statutes; Case Law Developments
– Aaron P. Welch
CHAPTER 23
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 & Charles Clas
Table of Authorities
Subject Index
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