Archive for the ‘DWI’ Category

Loophole in Minnesota Law Reduces Drugged Driving Convictions

Posted on: February 24th, 2015 by | No Comments

Law enforcement officers have been arresting impaired drivers in record numbers, with over 1,000 people convicted in Minnesota since 2013, according to Fox 9 News.

A loophole has been found in Minnesota law affecting the fate of those accused of drugged driving. These cases differ from those dealing with alcohol – which are decided based on whether or not the driver is above the legal blood alcohol content limit of .08 – in that there is no threshold to determine whether or not someone is under the influence of drugs.

To get a conviction, prosecutors must use sobriety test results and dash-cam videos to demonstrate that the accused party was in fact under the influence. Yet, the real difficulty lies in the way Minnesota law views drugged driving.

The state of Minnesota has a specific list of substances that, when found in a person’s system, can incur a DWI charge. If the drug found in the driver’s system is not on that list, they cannot be charged for driving while intoxicated, regardless of any other evidence to the contrary.

Drugs not listed include certain prescription drugs, as well as cough syrup. Though these drugs can have function impairing side effects, a person operating a motor vehicle cannot be charged with DWI if using or abusing them.

Other states, such as the state of California, have bypassed this loophole by citing that the use of any drug that causes impairment while operating a motor vehicle is grounds for a DWI.

As more attention is drawn to the issue will Minnesota lawmakers change the current laws regarding drugged driving? Only time will tell. Until then, drugged driving convictions will likely remain stagnant as the number of impaired drivers continues to rise.

Giancola-Durkin Asserts McNeely Defense in Minnesota DWI Cases

Posted on: June 24th, 2013 by | No Comments

On April 17, 2013, the United States Supreme Court published Missouri v. McNeely–a decision that impacts potentially every Minnesota DWI case. Missouri v. McNeely  stands for the proposition that police officers violate a person’s Fourth Amendment protection against unreasonable searches when they administer a blood test for the purpose of measuring a driver’s blood alcohol content (BAC) without a warrant. (more…)

Minnesota DWI Breath Test Coalition

Posted on: June 13th, 2013 by | No Comments

We are a proud member of the Minnesota DWI Breath Test Coalition.   At Giancola Law Office we pride ourselves in being on the cutting edge of DWI defense and providing superior representation to all of our clients.  So if you took an Intoxilyzer 5000 breath test and lost your license and/or you are being charged with a DWI, you should contact us immediately to defend you against the state’s faulty breath test machine.

Company Info

Copyright Giancola Law 2010
All Rights Reserved
Minnesota DWI Lawyer