Wednesday, June 2, 2010
Miranda Rights Must Be Invoked Unequivocally - Mere Silence Is Not Enough
Tuesday, May 25, 2010
Cell Companies Required to Disclose Location of Their Customers
Bong Water Case: The Veto
Monday, May 24, 2010
Speaking of Drugs
Bong Water Case: The Amendment
Friday, May 21, 2010
US v. Comstock and Civil Commitments of the "Sexually Dangerous"
Saturday, May 15, 2010
New Minnesota DUI License Laws
The Minnesota statutes for DUI license revocations are about to get much harsher. Under the new law, which seems to give great preference to the use of the ignition interlock device, the license revocation penalties will increase substantially and the drivers, especially those with multiple DUIs will have to use an ignition interlock device, or the alternative will be a very extended revocation period of 2, 3, 4 or 6 years. Any restricted license that will be issued will require the driver to have an ignition interlock device. On the positive side the wait times to obtain a restricted license with the ignition device have been eliminated and unless the license revocation is for criminal vehicular homicide or injury, in which case the wait time is one year, the normal waiting period will be for 15 days.
Also of note is that the driver’s license revocation penalties increase at twice the BAC legal limit or .16 and not at .20 as it was before. However for purposes of criminal charges, in order to be charged with an aggravated factor, the BAC continues to remain at .20.
Here’s the chart of the new penalties and the old ones next to them for comparison purposes.
TEST REFUSAL ADMINISTRATIVE PENALTIES
| New Rule | Old Rule |
First violation | 1 year revocation | Same |
One prior within 10 years, or two priors | 2 year revocation | 1 year revocation |
Two priors within 10 years, or three priors | 3 year revocation | 1 year revocation |
Three priors within 10 years | 4 year revocation | 1 year revocation |
Four priors | 6 year revocation | New |
TEST REFUSAL CRIMINAL PENALTIES
| New Rule | Old Rule |
First violation | 90 day revocation | Same |
One prior within 10 years, or two priors | 2 year revocation | 1 year revocation |
Two priors within 10 years, or three priors | 3 year revocation | 1 year revocation |
Three priors within 10 years | 4 year revocation | 1 year revocation |
Four priors | 6 year revocation | New R |
TEST FAILURE ADMINISTRATIVE SANCTIONS
| New Rules | Old Rule |
First violation .08-.15 BAC | 90 days /180 if under 21 years old | Same |
First violation >.15 | 1 year | Was 6 months at >.19BAC |
One prior within 10 years, or two priors .08-.15 BAC | 1 year revocation | Was 6 months |
One prior within 10 years, or two priors >15 BAC | 2 year revocation | Was 1 year at > .19BAC |
Two priors within 10 years, or three priors | 3 year revocation | Was 6-12 months |
Three priors within 10 years | 4 year revocation | Was 12 months |
Four priors | 6 year revocation | New |
TEST FAILURE CRIMINAL SANCTIONS
| New Rules | Difference with the Old Rule |
First violation .08-.15 BAC | 30 days /180 if under 21 years old | Same |
First violation >.15 | 1 year | Was 6 months at >.19BAC |
One prior within 10 years, or two priors .08-.15 BAC | 1 year revocation | Was 6 months |
One prior within 10 years, or two priors >15 BAC | 2 year revocation | Was 1 year at > .19BAC |
Two priors within 10 years, or three priors | 3 year revocation | Was 6-12 months |
Three priors within 10 years | 4 year revocation | Was 12 months |
Four priors | 6 year revocation | New |
The reason that there are both criminal and administrative driver’s license sanctions is that sometimes, but not very often, the commissioner of the Department of Public Safety does not invoke the implied consent law, thus the administrative sanctions do not apply and the driver can suffer the license consequences through his criminal conviction. Other times, most cases, the implied consent law is invoked and the sanctions are done administratively, thus should the criminal case be dismissed or the driver be found not guilty he/she would have already suffered the license consequences administratively.
This law will not go into effect until July of 2011, presumably to allow the Commissioner of the Department of Public Safety to get in place the ignition interlock program.