The Mn Criminal Defense, Personal Injury & Family Law Blog
Drugged Driving Charges and Criminal Lawyers in Brainerd, MN
May 4, 2020
In many parts of Minnesota, impairing drugs are easier to obtain than alcohol. Two neighboring states, Michigan and Illinois, have legalized recreational marijuana, including marijuana edibles. Prescription drug use is widespread, and behaviors like pill sharing and abuse are all too common. Furthermore, many of the drugs available at corner pharmacies, such as NyQuil and Sominex, could impair drivers and are therefore illegal in this context.
DUI convictions have significantThe state often relies on flimsy circumstantial proof in drugged driving cases. Our Brainerd, MN criminal lawyers know how to challenge this proof. direct and collateral consequences. Even for a first offense, defendants face extended court supervision and drivers’ license suspension, along with other penalties. Indirect consequences include sky-high auto insurance rates, adverse effects on family court parenting time disputes, and possible employment consequences.
Since the consequences are so severe and it’s so easy to fall into the drugged driving pit, aggressive representation from a criminal lawyer in Brainerd, MN is essential. By attacking the state’s evidence, which is usually circumstantial, an attorney can reduce or eliminate these aforementioned consequences.
What Does the Law Say?
The Gopher State’s drugged driving law is rather complex. Largely because there are so many drugs which could seriously impair drivers, there are basically two ways for the state to bring DUI-drug charges:
Under the Influence: Almost all DUI-drug prosecutions involve this part of the law. It’s illegal to drive under the influence of an intoxicating substance. That could be almost anything in your medicine cabinet, and many of the things in your kitchen pantry. However, the defendant must know that the substance is potentially impairing. That provision, along with the circumstantial nature of the proof, gives criminal lawyers in Brainerd, MN an opening.
Zero Tolerance: It’s also illegal to drive with even a trace amount of a Schedule I or Schedule II substance in one’s body. Most street drugs, like heroin and LSD, are Schedule I drugs. Most prescription drugs, like Vicodin and Oxycontin, are Schedule II drugs. Marijuana is also a Schedule I drug, but it’s specifically exempted from this part of the law. Peace officers rarely order urine or blood tests in drugged driving cases. That’s the only way to establish specific drug use beyond a reasonable doubt.
Minnesota also has a refusal-to-submit law. If officers demand a blood or urine sample and the defendant refuses to provide one, the defendant could be charged with a separate criminal offense. That’s on top of any administrative drivers’ license suspension.
Under Birchfield v. North Dakota, peace officers must obtain search warrants before they extract blood or urine samples. Officers rarely bother with such warrants, except on no-refusal weekends and other heightened enforcement periods.
How Do Brainerd, MN Criminal Lawyers Challenge Drugged Driving Evidence?
Circumstantial evidence of drug intoxication almost always means the three approved Field Sobriety Tests. Most FSTs are divided attention tests which measure physical dexterity and mental acuity. Scientists claim that intoxicated individuals cannot walk and chew gum at the same time. The three approved FSTs, and some ways to challenge them in court, are:
Heel to Toe Walk: Generally, officers force defendants to walk an imaginary line in the dark while wearing something other than athletic shoes. It’s almost impossible for anyone, whether they are intoxicated or not, to successfully complete this test under these conditions.
One-Leg Stand: It’s very difficult for anyone with any mobility impairment at all to lift one leg and stand as still as a statute for more than two or three seconds.
Horizontal Gaze Nystagmus: The DUI eye test is the only FST that’s not a divided attention test. Many people have nystagmus, a condition also known as lazy eye. But they do not know they have it, since the symptoms are so mild. So, they will fail this test whether or not they are intoxicated.
Under the Fifth Amendment, defendants have a right to refuse to perform the FSTs. And, their refusal usually cannot be used against them in court.
Can I Expunge a Drugged Driving Conviction?
Partially. Misdemeanor DUI is usually expugnable. There is usually a two or four-year waiting period. And, the defendant must not catch any new charges during the waiting period. Even after expungement, which is really record sealing in Minnesota, the conviction still appears in judicial records and is still on the person’s driving record.
Expungement is not automatic. Some factors in the decision include the nature of the offense, amount of time that has passed, defendant’s rehabilitation efforts, the probation officer’s recommendation, and the defendant’s criminal history.
Rely on an Experienced Attorney
DUI-drug cases are almost as common as DUI-alcohol cases, and the law is very harsh. For a free consultation with an experienced criminal lawyer in Brainerd, MN, contact Carlson & Jones, P.A. The sooner you call, the sooner we start fighting for you.