Chemical dependency rehabilitation is statutorily required following a person’s third or subsequent impaired driving incident within ten years. Either a conviction or an administrative loss of license, or both, constitutes an impaired driving incident. Rehabilitation is also required—by DPS administrative rule, but not by statute—of a person whose license has been cancelled for violating the…
Every person convicted of DWI or a reduced charge must submit to a chemical use assessment administered by the county ($125 fee, plus $5 surcharge) prior to sentencing. The court must order the person to submit to the level of treatment care recommended by the assessment, if the conviction is for a repeat offense within…
When a person is arrested for a first-degree (felony) or second-degree DWI crime, the person must be taken into custody and detained until the person’s first court appearance, at which time the court generally sets bail and specifies conditions of release. Unless maximum bail ($12,000 for gross misdemeanor DWI) is imposed, a person charged with…
DWI violations may be charged by: citation (very rarely done, and only if a misdemeanor); tab charge when booking the person into jail; and/or complaint prepared by the prosecutor subsequent to arrest. In the case of a blood or urine evidentiary test, the officer typically tab charges the violator at the time of arrest for…
Apart from any criminal penalties that may result from a DWI arrest, the law provides for three administrative sanctions, which can commence immediately upon arrest. Administrative License Revocation (ALR)– Whenever the implied consent law can be invoked during the arrest process, the person’s driver’s license can be withdrawn immediately following any test failure or test…
Minnesota’s implied consent law assumes that a person who drives, operates, or is in control of any type of motor vehicle anywhere in the state has consented to a chemical test of breath, blood, or urine for the purpose of determining the presence of alcohol or controlled or hazardous substances in the person’s body. The…
Criminal penalties upon conviction for DWI are tiered, as follows: Fourth-Degree DWI – misdemeanor, punishable by up to 90 days of jail and a $1,000 fine (for the person’s first impaired driving violation within ten years without test refusal or any aggravating factors) Third-Degree DWI – a gross misdemeanor, punishable by up to one year…
The following posts provide a brief overview of Minnesota DUI/DWI laws, which are mainly codified in Minnesota Statutes, chapter 169A. Prohibited Behaviors Penalties Chemical Testing Administrative Sanctions Charging the Crime Mandatory Hold and Conditional Release Pretrial Chemical Dependency Assessment and Treatment Rehabilitation Following Driver’s License Cancellation and Denial Mandatory Minimum Sentences Felony DWI Criminal Vehicular…
Minnesota’s DWI law stipulates that it is a crime: to drive, operate, or be in control of any motor vehicle anywhere in the state while: under the influence of alcohol, a controlled substance, or (knowingly) a hazardous substance, or any combination of these; having an alcohol concentration (AC) of .08 (.08 means .08 percent alcohol…
Any person who has been determined by a court to be a “sexually dangerous person”12 may be involuntarily committed under this law. Minn. Stat. § 253B.185. The Definition of a Sexually Dangerous Person There are three elements to the definition of “sexually dangerous person.” First, it must be demonstrated that the person has engaged in…
Need help? Contact a criminal defense attorney. A state or local agency or official, or a private organization or individual authorized to act on behalf of a state or local agency or official, is not civilly or criminally liable for failing to disclose information as permitted by the community notification law. In addition, these individuals…
If a local law enforcement agency learns that a person subject to the community notification law is living in Minnesota but has not been assigned a risk level, the law enforcement agency must provide that information to the BCA and the Commissioner of Corrections within three business days. If the information is reliable and the…
The community notification law applies to offenders who are accepted from another state under a reciprocal agreement for supervision under the interstate compact. These offenders are assigned a risk level based on their out-of-state risk level assignment. However, if the commissioner concludes that the offender is from a state with a risk level assessment law…
Restrictions on Where Level III Offenders Can Live The end-of-confinement review committee must determine whether residency restrictions should be included in the conditions of a Level III offender’s release based upon the offender’s pattern of offending behavior. Minn. Stat. § 244.052, subd. 3. In addition, the agency responsible for the offender’s supervision must take into…
Requesting a Reassessment of Risk Levels An offender may ask the committee to reassess his or her risk level after three years have passed since the committee’s initial assessment. The offender may renew the request once every two years following subsequent denials. In seeking reassessment, the offender must list the facts and circumstances that demonstrate…
Recourse for an Offender If He or She Objects to the Risk Level Assessment At the time the committee provides the offender its risk assessment report, including the risk level to which he or she has been assigned, the committee must inform the offender of the availability of administrative review of its decision. Minn. Stat….
Reconsideration of the Risk Level Determination If additional information becomes available, either the law enforcement agency in the area where the offender will reside or the offender’s corrections agent may request a reassessment of the risk level. Upon such a request, the commissioner may reconvene the end-of-confinement review committee. In requesting such a reassessment, the…
Notification of an Offender’s Impending Release The Commissioner of Corrections must send written notice of the impending release of a predatory offender to the sheriff of the county and the police chief of the city in which the inmate will reside or in which placement will be made in a work release program. This notification…
Communicating the Risk Level Determination to the Offender and Law Enforcement The committee must prepare a risk assessment report which specifies the offender’s risk level and the reasons for the committee’s decision.The committee must give this report to the offender and to the law enforcement agency where the offender will reside at least 60 days…
The community notification law applies during the entire time an offender is required to register under the predatory offender registration law, including an offender who lacks a primary address. Minn. Stat. § 244.052, subd. 4. (See page 14, “When does the registration period expire?”) CREDIT: The content of this and any related posts has been…
The Manner of Notification City councils may adopt policies addressing when information disclosed under the law must be disclosed in languages in addition to English. The policies may designate whether the information shall be disclosed orally, in writing, or both. Policies may provide for different approaches based upon the prevalence of non-English languages in different…
Community Notification for the Various Risk Levels The type of community notification that occurs depends on the risk level to which an offender has been assigned. The depth and breadth of the disclosure depends upon the level of danger posed by the offender, his or her pattern of offending behavior, and the need of community…
Determining an Offender’s Risk Level The committee assesses the risk posed by an offender who is about to be released from confinement on a case-by-case basis. The committee has access to various data, including medical data, court services data, corrections data, and criminal history data. It considers various risk factors to determine the offender’s risk…
The End-of-Confinement Review Committee An end-of-confinement review committee is responsible for determining an offender’s risk level, which in turn determines the level of community notification that will occur. The end-of-confinement review committee is a standing committee at each state correctional facility and at each state treatment facility where predatory offenders are confined. The committee is…
What is Theft by Swindle in Minnesota? Theft by Swindle is defined by Minnesota Statutes section 609.52, subdivision 2(4), as swindling, whether by artifice, trick, device, or any other means, whereby a person obtains property or services from another person. Have any Minnesota cases elaborated on the definition, elements, tests, or scope of Theft by…
Community Notification Law All predatory offenders are subject to the community notification law. A predatory offender is a person who is required to register under the predatory offender registration law, except for those individuals who are required to register based solely on delinquency adjudications. Minn. Stat. § 244.052, subd. 1, cl. (5). CREDIT: The content…
Data Classification In general, information obtained through the registration requirements of this section is private data, which means the data are not public, but are accessible to the subject of the data. Exceptions exist for disclosure of data on certain individuals who are out of compliance with the registration law, for community notification purposes, and…
An offender who is on probation or parole in another state and who enters the state under a reciprocal agreement under the interstate compact for the supervision of parolees and probationers may enter the state only on the condition that the offender agrees to register under the law while living in Minnesota. Additionally, the BCA…
Failure to Comply with the Registration Law In certain circumstances, the BCA may make information public about an offender who is out of compliance with the registration law. The offender must be out of compliance for 30 days or longer for failure to provide his or her primary or secondary addresses. If the offender is…
Individuals Subject to Lifetime Registration Lifetime registration is required for three categories of individuals. Recidivists This category includes a person convicted of or adjudicated delinquent for any offense for which registration is required who has a prior conviction or adjudication for an offense where registration was or would have been required under the law. For…
