Minnesota Criminal Drunk Driving Legal Process:

Q. What Sort Of Penalties Are Given For Drunk Driving? 

A. Each of the statutory violations have a different consequence, and the sentencing judge has a great deal of discretion as to the penalty.

Q. What Is The Criminal Legal Process Of A Drunk Driving Violation? 

A. The criminal process for drunk driving consists of the stop, the search, the arrest, the charges, pre-trial release, the trial and the sentencing.

1. The Stop: An officer must have a “particularized and objective basis for suspecting the particular person stopped of criminal activity.” U.S. v. Cortez, 449 U.S. 411 (1981). All that is required for an officer to conduct a stop is a showing that the stop is based upon specific explainable facts which, taken together with rational inferences from those facts, reasonably warrants the intrusion. United States v. Cortez, 449 U.S. 411 (1981); State v. McKinley, 232 N.W.2d 906 (1975).

In Minnesota specifically, a"brief investigatory stop requires only reasonable suspicion of criminal activity, rather than probable cause." State v. Pike, 551 N.W.2d 919, 921 (Minn.1996). "The police must only show that the stop was not the product of mere whim, caprice or idle curiosity, but was based upon 'specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.' " Id. at 921-22 (quoting Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968)). "A limited investigative stop is lawful if the state can show the officer to have had a 'particularized and objective basis for suspecting the particular person stopped of criminal activity.' " Id. at 921 (quoting United States v. Cortez, 449 U.S. 411, 417-18, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981)).

2. The Search:  The police may conduct a valid warrantless search if they have a voluntary and intelligent consent to do so. Schneckloth v. Bustamante, 412 U.S. 218 (1973). If the police have full probable cause to believe that a vehicle contains items used in a crime, or evidence of a crime, or contraband, they can search the entire vehicle including the trunk and all containers within the vehicle that might contain the object for which they are searching. U.S. v. Ross, 456 U.S. 798 (1982).

3. The Arrest: “Probable cause” is needed for an arrest. An officer may arrest a person for a violation of the DWI laws without a warrant upon probable cause, without regard to whether the violation was committed in the officer’s presence. MS. 169.121, Subd. 1b. There are many different signs of intoxication. Not all of them have to be present to justify an arrest for DWI. Holm v. Commissioner of Pub. Safety, 416 N.W.2d 473 (Minn. Ct, App. 1987).

4. The Charges: If the violation is a misdemeanor, the police officer can charge it or give it to the County Attorney to charge. If the violation is a gross misdemeanor, the complaints must be issued by the County Attorney.

5. Pre-Trial Release: In all cases in which a person is charged with a criminal violation, the judge can order bail or special conditions of release. The first time a person commits a DWI, that person will normally be released without bail. However, if the person has committed several drunk driving offenses, the judge may order conditions upon the release of the defendant, such as placing the person in the care and supervision of a designated person or organization or setting bail. The maximum bail which may be imposed in a DWI is quadruple the maximum fine.

6. Trial: If the defendant pleads not guilty, then a trial will be required. The prosecuting attorney must prove to a jury that the defendant was guilty of violating a criminal statute “beyond a reasonable doubt.”

7. Sentencing: If the defendant drunk driver is found guilty of drinking and driving and injuring or killing another, the judge will sentence that defendant.

8. Victim Impact Statement: At the sentencing hearing the victim has a statutory right to present to the court either in writing or by reading out loud, a Victim Impact Statement explaining how the injury or death by the drunk driver has impacted the victim’s life.

9. Costs: It has been estimated that the long term cost for a drunk driving violation is $18,000 including attorney’s fees, fines and increased insurance premiums.

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