Charging the Crime Under Minnesota's DWI Laws

Charging the Crime Under Minnesota's DWI Laws

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…

Administrative Sanctions Under Minnesota's DWI Laws

Administrative Sanctions Under Minnesota's DWI Laws

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(ALR)– Whenever the implied consent law can be invoked during the arrest process, the person’s driver’s license can be withdrawn immediately following any test failure or test…

Criminal Penalties Under Minnesota's DWI Laws

Criminal Penalties Under Minnesota's DWI Laws

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…

An Overview of Minnesota’s DUI/DWI Laws

An Overview of Minnesota’s DUI/DWI Laws

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…

Prohibited Behaviors Under Minnesota DWI Laws

Prohibited Behaviors Under Minnesota DWI Laws

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…

Minnesota Sexually Dangerous Persons Civil Commitment Law

Minnesota Sexually Dangerous Persons Civil Commitment Law

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…

Civil and Criminal Liability for Disclosing or Failing to Disclose Information

Civil and Criminal Liability for Disclosing or Failing to Disclose Information

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…

Sex Offenders Subject to Community Notification But Not Assigned a Risk Level

Sex Offenders Subject to Community Notification But Not Assigned a Risk Level

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…

Notification for Sex Offenders Who Enter Minnesota From Another State

Notification for Sex Offenders Who Enter Minnesota From Another State

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 Sex Offenders Can Live in MN

Restrictions on Where Level III Sex Offenders Can Live in MN

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 Sex Offender Risk Levels

Requesting a Reassessment of Sex Offender Risk Levels

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…

Risk Level Assessment: Recourse for Objecting Sex Offender

Risk Level Assessment: Recourse for Objecting Sex Offender

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 Sex Offender Risk Level Determination

Reconsideration of the Sex Offender Risk Level Determination

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 a Sex Offender's Impeding Release in MN

Notification of a Sex Offender's Impeding Release in MN

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…

Minnesota Sex Offender Risk Level Determination

Minnesota Sex Offender Risk Level Determination

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 Length of Time a Predatory Offender Is Subject to the Law

The Length of Time a Predatory Offender Is Subject to the Law

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…

Notification of Sex Offender in MN: Manner of Notification

Notification of Sex Offender in MN: Manner of Notification

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…

MN Community Notification for the Various Sex Offender Risk Levels

MN Community Notification for the Various Sex Offender Risk Levels

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…

Minnesota Sex Offender Risk Level Assessment

Minnesota Sex Offender Risk Level Assessment

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…

Minnesota Sex Offenders: Community Notification Committee

Minnesota Sex Offenders: Community Notification Committee

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…

Minnesota Sex Offender Community Notification Law

Minnesota Sex Offender Community Notification Law

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…

MN Sex Offender Data Classification

MN Sex Offender Data Classification

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…

MN Registration Requirements for Predatory Offenders from Other States

MN Registration Requirements for Predatory Offenders from Other States

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 Register as a Sex Offender in Minnesota

Failure to Register as a Sex Offender in Minnesota

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…

Lifetime Sex Offender Registration in Minnesota

Lifetime Sex Offender Registration in Minnesota

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…

MN Sex Offender Registration Sharing Among Law Enforcement

MN Sex Offender Registration Sharing Among Law Enforcement

Registration Information Sharing Among Law Enforcement and Correctional Agencies A corrections agent or law enforcement authority receiving the initial registration documents must forward the registration information to the BCA. The BCA must then determine whether the person has registered with the law enforcement authority in the area of the person’s primary address, or if the…