Minnesota DWI Criminal Defense Basics

As a former prosecutor I know that a DWI charge in Minnesota is complicated, you deserve a high quality criminal defense attorney.

The stop, field sobriety testing and datamaster or blood testing.

DWI cases are all unique. There are many elements of a DWI case and every case should be analyzed. The first part of a DWI case is usually when law enforcement pulls someone over for any number of reasons. BUT, law enforcement needs to have reasonable, articulable suspicion that there has been some violation of law to pull someone over.

If a DWI investigation begins with a questionable stop, that is the first place that law enforcement should be questioned about what they saw, what their experience tells them and why they ultimately stopped a vehicle. If the vehicle stop can be shown to be unconstitutional under the 4th amendment, all of the evidence gathered in that case can be thrown out, which can lead to the dismissal of all charges.

Traffic Stop Requirements

The requirements to justify a routine traffic stop are minimal. Marben v. State, Dep’t of Pub. Safety, 294 N.W.2d 697, 699 (Minn. 1980). To conduct a limited investigatory stop of a motor vehicle, an officer must have reasonable, articulable suspicion of criminal activity based on a totality of the circumstances. United States v. Arvizu, 543 U.S. 266, 122 S. Ct. 744 (2002). This standard is less than probable cause. State v. Wagner, 637 N.W.2d 330, 335 (Minn. Ct. App. 2001). It is required that the stop be based upon specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion inherent in a very brief investigatory stop. United States v. Cortez, 449 U.S. 411 (1981); State v. McKinley, 232 N.W.2d 906 (Minn. 1975). “All that is required is that the stop be not the product of mere whim, caprice, or idle curiosity.” Marben, 294 N.W.2d at 699 (quotation omitted).

What does all of that legal jargon mean? It means that the reasons for a traffic stop are innumerable, and you need an attorney who can analyze your case through the court opinions and the statutes. People deserve a vigorous defense. With my years of experience as a prosecutor I tried DWI cases and know how the prosecution thinks. I speak the language of prosecutors and I know what they are looking for.

DWI charges don't have to mean the end of your life or career. Hiring a competent and experience attorney is a must. Call me, Jim Anderson, at 320-460-1400 to set up your free consultation today.