Consequences For Minnesota DWIs Continue to Climb

Posted on January 2, 2015 by Dan Koewler

Minnesota's DWI Task Force - a body comprised of a broad array of prosecutors, judges, members of law enforcement agencies, other government employees, and private citizens - is set to make its recommendations to the Minnesota Legislature in 2015. As reported recently by the Star Tribune, the task force met at the end of 2014 to solidify its recommendations to the legislature for the upcoming year.

Some of the recommendations are interesting:

-Impoundment of all license plates for anyone arrested for driving while impaired. In keeping with the steadily-expanding policy of punishing drivers before, not after, they are summoned to court, the Task Force is recommending that everyone arrested for DWI have their license plates impounded immediately, at the scene of the stop. Simply being arrested for DWI, even if you ultimately test below the legal limit, will result in a permanent sticker placed across your license plate, and you will need new plates ("whiskey" plates reissued standard plates) to replace the impounded ones.

-Reducing the need for drivers on ignition interlock to pre-pay for a year of car insurance, allowing payment plans for license reinstatement fees, and removing the DWI "written test." Currently, every driver who is required to enroll on the ignition interlock program not only needs to pay the associated installation and maintenance fees, but also needs to provide proof of an "insurance certificate." The Task Force wants to see this insurance certificate as a requirement only for drivers who have a history of driving without valid insurance. There are further recommendations to allow drivers to pay the hefty license reinstatement fee of $680 in installments (a fee that is effectively a second, duplicative fine imposed by the State on drinking drivers, and is bordering on violating the double jeopardy clause of our Constitution . . .but I digress), and eliminating the unnecessary and time consuming written test that is currently required to get your license reinstated after a DWI.

-Increasing penalties for drivers who continue to drive after being revoked for an alcohol related offense. The Task Force wants to create a new, enhanced level for the crime of the "driving after revocation" for drivers who are revoked based upon a DWI offense. The recommendation carries no specifics, and appears geared towards both higher fines and potentially a mandatory minimum jail sentence.

-Reducing the legal limit for enhanced penalties from .20 to .16. Currently, a driver will face an increased revocation period for their driver's license if they submit to a test that reports a result at or above .16. However, increased jail penalties and maximum sentences are only imposed if a test is above .20. The Task Force wants to make all increased penalties occur at the .16 threshold.

The Task Force is not currently recommending that the legal limit be lowered to .05, although that idea is gaining steam nationally and it is only a matter of time before it is considered. The Task Force also refused to consider recommending that Minnesota's DWI Forfeiture Law be repealed, meaning that in the near future we can continue to expect police to seize vehicles involved in DWI offenses. Finally, it appears that the Task Force will take no position on the fact that Minnesota's DWI law will punish drivers regardless of whether they were forced to drive to save their lives - the centuries-old common law defense of "necessity" is not currently available in Minnesota, and the Task Force chose not to push to add it. This refusal to act also calls into question other aspects of our law - for example, is just having a prescription drug in your system enough to mandate that you lose your license? Failure to clarify the law on this point will continue to cause significant problems into 2015.

None of these recommendations are law, as of yet, and the issues that the Task Force avoided may still be written into law by the Legislature. We're just providing a little peek behind the curtain, and staying up to speed on any potential changes that may become law in the future.

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Consequences of a TN DUI Conviction – Part 2

In this week’s podcast, host and Knoxville DUI attorney Steve Oberman presents Part 2 of a podcast series explaining some of the Collateral Consequences that result from a Tennessee DUI conviction.   The purpose of this series is to summarize some, but certainly not all, of the lesser known consequences one faces if convicted of DUI.  This episode focuses on the potential effects of a Tennessee Driving Under the Influence (DUI) in Tennessee on parental rights and immigration status.

Our Knoxville, TN DUI lawyers are also happy to answer any questions you may have about these and other issues surrounding a Tennessee DUI charge and the resulting penalties.  Feel free to call our office at (865) 249-7200.  For issues surrounding parental rights and the status of non-citizens, our attorneys can also refer you to Tennessee attorneys knowledgeable in these areas of law.

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Additional information about the Collateral Consequences of a Tennessee DUI conviction, as well as the Tennessee DUI penalties mandated by law can be found by visiting the website of Knoxville DUI attorneys, Oberman & Rice, at www.tndui.com and www.duiknoxville.com.  Part 1 of this series, Collateral Consequences of a TN DUI Conviction – Part 1, can also be heard by clicking here.

DUI conviction, Knoxville DUI Attorney, Knoxville DUI Lawyer, Tennessee DUI and Insurance, Tennessee DUI Consequence, Tennessee DUI Consequences, Tennessee DUI Lawyer, Tennessee DUI Penalties, TN DUI Immigration, TN DUI Non-Citizen, TN Parental Rights

This entry was posted on Monday, March 26th, 2012, 8:55 am and is filed under Podcasts. You can follow any responses to this entry through RSS 2.0. You can leave a response, or trackback from your own site.

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Maryland DUI Consequences & your CDL License

Posted On: May 19, 2009 by Bruce M. Robinson
So you got a DUI/DWI charge in Howard County, Baltimore County, Anne Arundel County or any other county in Maryland and you have a CDL (commercial driver's license). Your CDL is required for you to work, so what happens now? Well, in a word, you have a problem. First, the fact that you were not
driving a CDL vehicle at the time of your DUI arrest does NOT matter, you still have the same problem. Yes, it's not fair but that's the way your Federal Government set it up. Now, where to go from here? It's a little confusing so if the following CDL-DUI advice is not working for you, feel free to give us a call.
A conviction or a PBJ on the 21-902A, C or D offense will result in you loosing your CDL license for one full year. The fact that you need your CDL to work for a living, to provide for your family or the fact that you were not driving a CDL at the time of your stop or arrest is not relevant to the consequences. The mere fact that you possessed a CDL at the time of the arrest is enough.
A conviction for the 21-902(B) offense or a PBJ does NOT result in the immediate loss of your CDL, that's the good news. In fact, a PBJ (probation before judgment) on the 21-902(B) offense is a good thing for a CDL holder, you want that assuming your case may not otherwise be won. Also, a conviction
on the B offense is workable too, it does not automatically result in the loss of your CDL, it does result in 8 points on your record however which then results in a points suspension hearing (which you must request) where you can ask for a lesser period of suspension of your license. The MVA is typically looking a 6 months suspension for 8 points related to DUI or alcohol which means 6 months suspension of your CDL license in this DUI arrest.
Now, having said that, what about the administrative MVA hearing secondary to DUI stop, ie. the administrative suspension (this is that onion skin Officer's Order of Suspension paper you received when they liberated your license from your wallet).
1. If you blew less than a .15, that's good. You can request an MVA hearing within 10 days of your arrest and request any modification you might seek, worse case scenario is that the MVA does not see it your way and you loose your license for 45 days. When you loose your license you loose your CDL. If you get a modified driver's license, you still loose your CDL. It is very important
to understand that for whatever period of time you have a "modified" driver's license or a suspended license, you will loose your CDL license. However, for 45 days you might be able to swing something with your employer, ie. maybe you can drive a regular vehicle or do other work.
2. The CDL license CANNOT be modified like a regular license; the CDL license will be suspended for whatever period of time the holder receives either a modification or a suspension of his regular license. That is to say that a modification of the CDL is NOT possible. It will just be flat suspended while the driver may have a modified regular license.
3. This is a problem for the CDL driver for more than the obvious reason of his loosing a CDL. If a driver requests an MVA hearing, they may get whatever modification they seek, like maybe the interlock or maybe a work restricted license to drive an employers car which is generally good news, but the problem is that during any period of modification of suspension of regular license, the CDL will actually be suspended.
4. This problem becomes more evident when talking about a BAC (breach alcohol content) of .15 or greater or a refusal case where the person may face 90 or 120 days and then the CDL holder seeks an interlock at the MVA hearing or may voluntarily place the interlock on their car. Either way the CDL license will be suspended for the entire period of the modification (ie. 1 year if the interlock is obtained). This obviously is a big problem because the time period of suspension of CDL just went from 90-120 days to 1 year, big difference.
5. The most likely solution is to NOT to request an MVA hearing at all when talking about a .15 or refusal case and have the licensee loose their license for the given period of time because they will get their CDL back much faster that way. Unless, the CDL holder determines that they don't need the CDL and can get by driving for their employer in a non CDL vehicle, then a hearing to get an employee exemption/modification may be appropriate.
6. Of course all this needs to be considered in light of the merits of the MVA case in chief. If there are serious weaknesses in the MVA's case this will further complicate the situation because winning has clear advantages but if the licensee looses, he must be ready to indicate if he desires the interlock or would rather just take a flat suspension, which may be the better option based on the foregoing.
Each DUI case regarding a CDL holder is different or there may be other competing consequences, since the decision regarding the MVA and the CDL is a complicated one, a CDL holder is strongly encouraged to seek the advise of a qualified DUI lawyer in Maryland on this matter and the ramifications of any decision.

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