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Minnesota Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Minnesota or Court of Appeals of Minnesota where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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In re Welfare of the Child of P.M.M. - 12/13/2005
C.M. was born to appellant P.M.M. on April 24, 2002. The child was removed from appellant's home on March 21, 2003 after she left the child in the care of a new 14-year-old babysitter for two days while appellant used drugs. In...

State v. Angeski - 12/6/2005
Appeal from conviction for second-degree DWI, arguing that the police officer, who was dispatched to investigate two 911 calls alleging that appellant was repeatedly pounding on the complainant's door and refused to leave, did not...

State v. Burbach - 12/1/2005
In this case, the state appealed a pretrial order by the district court suppressing crack cocaine seized during the consensual search of a vehicle stopped for speeding, and also suppressing additional evidence of drug possession and...

State v. Allen - 11/23/2005
In State v. Shattuck, 704 N.W.2d 131 (Minn. 2005), we held that the imposition of an upward durational departure from the presumptive sentence prescribed by the Minnesota Sentencing Guidelines, based solely on facts found by the...

State v. Giishig - 11/22/2005
Appellant challenges his conviction of third-degree assault and terroristic threats, arguing that (1) he was denied the right to present a defense by the exclusion of evidence that his girlfriend, whom he claimed to have assaulted in...

State v. Hamre - 11/1/2005
Appellant challenges his convictions of first-degree DWI and giving a false name to police, arguing that he was illegally stopped, arrested without probable cause, questioned at the scene of the stop without being given a Miranda...

State v. Goharbawang - 10/25/2005
Appellant State of Minnesota challenges the district court's dismissal of felony charges against respondent Massoud Goharbawang for DWI and refusal to submit to chemical testing. The state enhanced the charges to felonies based on...

State v. Morrison - 10/25/2005
After delays by the state in a prosecution for refusal to submit to an alcohol-concentration test under Minn. Stat. §§ 169A.20, subd. 2, .25, subd. 1(b) (2004), the district court dismissed the complaint. Appellant State of Minnesota...

State v. Behr - 10/25/2005
Appellant Robert Burton Behr challenges the district court's revocation of his probation, arguing that the district court abused its discretion by (1) ignoring his conduct since the first revocation hearing; and (2) improperly basing...

Hanna v. Commissioner of Public Safety - 10/18/2005
Appellant challenges the revocation of her driver's license, arguing that a seizure occurred when the arresting officer positioned his squad car directly behind appellant's legally parked vehicle, and that the officer lacked...

State v. Rother - 10/4/2005
Appellant Robert John Rother challenges his convictions of gross-misdemeanor and misdemeanor counts of driving while impaired, arguing that the results of a blood test should have been suppressed because his limited right to counsel...

State v. Wright - 6/28/2005
Respondent, Jean Pierre Wright, pleaded guilty to first-degree driving while impaired (DWI) and gross-misdemeanor driving after cancellation as inimical to public safety. The district court then stayed adjudication of respondent's...

State v. Reed - 6/21/2005
The district court revoked appellant Reed's probation, based on Reed's involuntary discharge from chemical-dependency treatment after he allegedly failed to maintain "appropriate boundaries" with a female resident. Reed challenges...

State v. Halvorson - 6/21/2005
On appeal from conviction of second-degree DWI, appellant John Everett Halvorson argues that the district court clearly erred by finding that consent was given to police for the entry and search of appellant's residence that resulted...

Anderson v. St. Louis County - 6/14/2005
Relator, a former corrections officer for St. Louis County, brings a certiorari appeal of a decision of the county attorney denying his request that the county defend and indemnify him against a lawsuit brought by a former inmate....

Mixon v. One 2002 GMC - 6/7/2005
This case involves a dispute between two neighboring police departments over the proper distribution of proceeds from a motor-vehicle forfeiture. Appellant South Lake Minnetonka Police Department challenges the district court's order...

State v. Olson - 6/7/2005
Respondent Mark John Olson was charged with driving while impaired by alcohol and driving with a blood alcohol concentration of greater than 0.10 in violation of Minn. Stat. §§ 169A.20, subd. 1(1), (5), subd. 3, .27 (2002). After a...

State v. Lopez - 6/7/2005
In this appeal from a conviction for third-degree driving while impaired, appellant challenges the district court's refusal to suppress the evidence and dismiss the charge. Because we find that appellant was seized and that the...

State v. Zeimet - 5/26/2005
This is a sentencing appeal. Appellant Robert S. Ziemet disputes the computation of his criminal history score in sentencing for first-degree driving while impaired. Concluding that the computation of the criminal history score was...

Fedziuk v. Commissioner of Public Safety - 5/19/2005
In this declaratory judgment action, respondent Patricia Fedziuk asked the district court to hold that Minnesota's Implied Consent Law, as amended in 2003, violates procedural due process. The district court determined that the...

Durdahl v. City of Hastings - 5/17/2005
Appellant City of Hastings challenges the district court's order denying its motion for summary judgment, arguing the court erred in concluding the city was not entitled to vicarious official immunity and material issues of fact...

Mark v. Commissioner of Public Safety - 5/10/2005
Appellant challenges the revocation of his driver's license on the ground that his statutory right to an additional test was violated. Because we conclude that appellant's right was violated when he was not permitted to use his own...

Waste v. Commissioner of Public Safety - 5/10/2005
Schaun Waste appeals the district court's order sustaining the revocation of his driver's license under the implied-consent law, arguing that he proved the affirmative defense of postdriving consumption. Because the district court...

State v. Christensen - 5/3/2005
Appellant challenges his third-degree DWI conviction, arguing that the police did not have a reasonable, articulable suspicion to make an investigative traffic stop based on a caller's tip. We affirm. FACTS Early in the...

State v. Turner - 5/3/2005
Appellant Justin Turner challenges his conviction of felony driving while impaired (DWI), arguing that, because the enhancement of the charge pursuant to Minn. Stat. § 169A.24 (2002), relied in part on two prior license revocations...

State v. Reuter - 4/26/2005
In this first-degree driving while impaired case, the state challenges the district court's sentencing order, which reinstated probation on two prior driving while impaired convictions and imposed a 42-month executed sentence on the...

State v. Foy - 4/19/2005
Appellant challenges his fourth-degree driving-while-impaired conviction, arguing that the admission of the Intoxilyzer results violated his due-process rights and that the record is insufficient to support the conviction. Because we...

State v. Danielson - 4/12/2005
The state appeals from a pretrial order suppressing evidence and dismissing gross misdemeanor charges of third-degree driving while impaired and third-degree driving with an excess alcohol concentration, arguing that the district...

State v. Villeneuve - 4/12/2005
Appellant challenges concurrent sentences imposed for deer shining and fourth-degree driving while impaired, arguing that, because the offenses arose from a single behavioral incident, the district court erred in imposing a separate...

Roen v. Hart - 4/12/2005
Appellant challenges the district court's denial of his motion to modify custody, asserting that the findings are not supported by the record and fail to address the requisite statutory factors. Respondent moves this court for...

Winfrey v. Commissioner of Public Safety - 4/12/2005
Appellant challenges the revocation of his driver's license, arguing that (1) the district court erred in finding that appellant was unconscious and incapable of withdrawing his consent to submit to an alcohol-concentration test; and...

Blaine v. Commissioner of Public Safety - 4/12/2005
On consolidated appeals from a May 12, 2004 order sustaining the revocation of his driver's license under the implied-consent law and his August 2, 2004 conviction of criminal refusal of testing in the second degree, appellant raises...

State v. Hanks - 4/12/2005
Appellant Jason Hanks, who was convicted of two counts of felony first-degree driving while impaired, argues that (1) the district court erred in admitting two prejudicial statements in the record; and (2) the White Earth Tribal...

State v. Preblich - 4/5/2005
The state appeals from a sentencing departure by the district court, arguing that the district court abused its discretion by imposing a downward dispositional departure on remand after this court had previously reversed and remanded...

State v. Harris - 4/5/2005
Appellant was convicted of issuing a dishonored check in violation of Minn. Stat. § 609.535, subd. 2 (2002), and interference with property in official custody in violation of Minn. Stat. § 609.47 (2002). The district court imposed...

State v. Nace - 4/5/2005
Appellant challenges his conviction on two counts of misdemeanor driving while impaired. Because appellant's brief consists of legal conclusions without accompanying support, we affirm. DECISION I. Nace states that...

State v. Birnstihl - 4/5/2005
In this appeal from conviction of third-degree driving while impaired, Adam Birnstihl challenges the district court's denial of his pretrial suppression motion challenging the constitutionality of the police investigatory stop....

Fred's Tire Co., Inc. v. 2002 Chevrolet Silverado - 11/30/2004
Appellant Fred's Tire Co. Inc. challenges the judgment ordering the forfeiture of respondent 2002 Chevrolet Silverado, VIN # 1GCEK 19T322276318, MN Plate JKG611, to Washington County under Minn.Stat. § 169A.63 (2002). Fred's Tire argues...

State v. Miller - 11/23/2004
Appellant challenges his conviction for felony DWI, arguing that, because the offense and license revocation dates for the oldest of the three offenses applicable under Minn. Stat. § 169A.24, subd. 1 (2002), were outside the...

State v. Valentino - 11/16/2004
The State of Minnesota appeals from the district court's pretrial order suppressing evidence of intoxication and dismissing a charge of fourth-degree driving while impaired against respondent Joshua Valentino. The district court...

State v. Sosa - 11/16/2004
Respondent Carlos Lopez Sosa pleaded guilty to criminal damage to property in the first degree and gross misdemeanor driving while impaired for intentionally ramming a vehicle occupied by his wife, children, and relatives while he...

State v. Patterson - 11/16/2004
On May 22, 2003, Deputy Tim Schultz responded to a report of a single-vehicle accident. When he arrived at the scene, Schultz noted there was only one person in the vehicle. The fire department used force to open the vehicle door,...

State v. Porte - 11/9/2004
Appellant challenges his conviction of first-degree driving while impaired, contending that (1) his stipulation to two prior license revocations is insufficient to prove the existence of enhancement factors that are an element of the...

Peterson v. State - 11/9/2004
On appeal from the district court's denial of his postconviction petition for relief without an evidentiary hearing, appellant argues that he is entitled to an evidentiary hearing to make a proper determination of whether his guilty plea...

State v. Evans - 10/26/2004
Appellant Susan Mary Evans challenges her convictions of third- and fourth- degree driving while impaired (DWI) in violation of Minn. Stat. § 169A.20, subds. 1(1), 1(5) (2002). Evans argues that the private citizen who stopped her...

State v. Hanf - 10/19/2004
This appeal is from a sentence for felony test refusal. Appellant argues that the upward dispositional departure, which was based on judicial findings, violates his Sixth Amendment right to a jury trial under Blakely v. Washington,...

State v. Sam - 10/19/2004
Appellant challenges his prison sentence for first-degree test refusal, arguing that this upward dispositional departure was an abuse of discretion and violated the decision of Blakely v. Washington, 124 S.Ct. 2531 (2004). We affirm....

State v. Birk - 10/5/2004
Appellant challenges her conviction of third-degree driving while impaired (DWI) (having an alcohol concentration of .10 or more within two hours of driving), arguing that (1) the evidence was insufficient to prove that the Intoxilyzer...

State v. Rech - 9/28/2004
On appeal from conviction of first-degree driving while impaired and first-degree refusal to submit to testing, appellant argues that there was insufficient evidence to prove his guilt. Because the record supports the jury's verdict,...

State v. Trandel - 9/28/2004
Based on the events of June 20, 2002, appellant was charged with three counts of terroristic threats (Minn. Stat. § 609.713, subd. 1 (2002)); obstructing legal process (Minn. Stat. § 609.50, subd. 1(2) (2002)); two counts of...

Spann v. State - 9/28/2004
As a stipulated settlement of his criminal appeal, appellant Charles Lee Spann agreed to waive his right to further appeals. Appellant contends the district court abused its discretion in dismissing his petition for post-conviction...

State v. Holcomb - 9/21/2004
Daniel Victor Holcomb brings these consolidated appeals from convictions for (1) failure to yield and possession of marijuana in a motor vehicle; and (2) gross misdemeanor driving while impaired. He argues that his DWI conviction...

In re Disciplinary Action Against Post - 9/16/2004
The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent William F. Post, Jr., has committed professional misconduct warranting public discipline, namely,...

State v. Coleman - 9/14/2004
Appellant argues that the district court erred in denying his motion to suppress the results of his blood test. He argues that once a police officer begins to administer a breath test, the officer does not have the discretion to terminate...

State v. Menya - 9/14/2004
The state appeals suppression of a blood test, arguing that the district court clearly erred by concluding that the state failed to honor a request by respondent Beatrice Menya for a second test. We agree and reverse. FACTS ...

State v. Kraemer - 9/7/2004
In this appeal from a 60-month sentence for criminal vehicular homicide, appellant argues that there are not substantial and compelling circumstances to support the 12-month upward departure imposed by the district court and that...

State v. Prax - 9/7/2004
On appeal from a conviction of attempted first-degree controlled substance crime, appellant argues that the methamphetamine seized in a search incident to arrest should have been suppressed because the law enforcement officer, who...

State v. Gibson - 9/7/2004
Appellant challenges her convictions of criminal vehicular operation resulting in death and fourth-degree driving while impaired, arguing that (1) the district court erred in not admitting as impeachment evidence an eyewitness's...

State v. Allen - 8/31/2004
Appellant challenges his sentence imposed for first-degree test refusal, arguing that the district court abused its discretion in sentencing him to prison, an upward dispositional departure. Appellant argues that he is amenable to...

State v. Rouland - 8/31/2004
Appellant was on probation for a gross-misdemeanor driving while under the influence of alcohol conviction when he committed various felonies. In sentencing the felonies, the district court added a custody point to appellant's...

State v. Schroeder - 8/31/2004
In this investigatory-traffic-stop case, respondent and his young, female passenger were stopped by police who were searching for a young female in connection with a request for a "welfare check." The district court held that the...

State v. McDonnell - 8/24/2004
In these consolidated appeals, appellants challenge their convictions of first-degree driving while impaired, arguing that a 2003 amendment to Minn. Stat. § 169A.03, subd. 21, that excluded a license suspension for underage drinking...

State v. Goulet - 8/17/2004
Appellant argues that the district court's denial of his request to impeach the state's witness with the witness's prior felony convictions deprived appellant of his constitutional right to confront the witness. Because the district...

Pawelk v. Commissioner of Public Safety - 8/17/2004
Respondent Commissioner of Public Safety revoked the driver's license of appellant Kenneth Jeffrey Pawelk's for refusing to submit to chemical testing under Minn.Stat. § 169A.52, subd. 3 (2002). Pawelk appeals the district court's decision...

State v. Strandness - 8/3/2004
Respondent motorcyclist moved to suppress evidence of his intoxication and to dismiss charges of fourth-degree DWI, arguing that the officer who stopped him had no reasonable, articulable suspicion that respondent was involved in criminal...

State v. Tibbets - 8/3/2004
Appellant Lee Allen Tibbets, who pleaded guilty to one count of first-degree driving while impaired, argues that the district court abused its discretion by denying his request for a downward dispositional departure in sentencing....

State v. Voss - 8/3/2004
Appellant Natalie Voss challenges the investigatory stop of her vehicle, arguing that the police officer did not have a reasonable basis for the stop. We affirm. DECISION I. This court reviews whether an...

State v. Morales-Ayala - 8/3/2004
Appellant challenges the district court's denial of his motion to suppress evidence found after a pat search. We affirm. FACTS Chaska Police Officer Jamie Personius was on routine patrol at 2:00 a.m. on December 23, 2002....

Tobin v. Commissioner of Public Safety - 8/3/2004
Appellant challenges the district court's decision to sustain the revocation of his driver's license under the implied consent law. Appellant contends that, because he was not given a reasonable amount of time to consult with an...

State v. Anderson - 7/29/2004
A police officer conducted a traffic stop of Matthew Anderson, the appellant, for violating Minn. Stat. § 169.18, subd. 11 (2002), which requires motorists to move "a lane away" from stopped emergency vehicles. During the stop, the...

Duncan v. Commissioner of Public Safety - 7/27/2004
In this appeal from an order sustaining the revocation of his driver's license under the implied-consent law, appellant argues that the district court erred as a matter of law when it concluded that the police officer who saw...

State v. Schroeder - 7/27/2004
Appellant Robert James Schroeder challenges his convictions of felony driving with a blood alcohol concentration greater than .10 under Minn.Stat. §§ 169A.20, subd. 1(5), .24 (2002), and gross misdemeanor driving after cancellation under...

State v. Dlugopolski - 7/6/2004
On appeal from a conviction for felony driving while impaired, appellant argues: (1) the prosecutor committed prejudicial misconduct by eliciting improper impeachment evidence during cross-examination, and misusing the improper...

State v. Dobis - 7/6/2004
Appellant challenges the district court's denial of his motion to dismiss the charge of first-degree refusal to submit to chemical testing. Appellant argues that, when the police officer did not repeat the implied-consent advisory at...

State v. Krautkremer - 7/6/2004
In this appeal from his conviction of and sentence for felony driving while impaired, appellant argues that a jury instruction on refusal to test was improper, his conviction was not supported by sufficient evidence, and his sentence...

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