Over 150 drivers across the state of Minnesota were arrested for drunk driving on Friday night in connection with the state’s largest-ever DWI patrol.

Authorities decided to conduct the patrols on the eve of opening fishing weekend, an unofficial holiday for many across the state.  According to the Minnesota Department of Public Safety’s Office of Traffic Safety, over 150 squads from 70 different agencies across the state were involved in the crackdown.

Officers said about half of the roughly 150 arrests came in the Twin Cities metro area.

Friday’s DWI enforcement drew added attention because of the role social media played advertising the increased patrols.  The Minnesota State Patrol used social media to inform the public about the increased police presence in hopes of deterring would-be drunk drivers.

Here are the squads rolling out for extra DWI patrols. Plan ahead for a sober ride & keep roads safe. #May10DWI twitter.com/MnDPS_OTS/stat…

— MnDPS_OTS (@MnDPS_OTS) May 11, 2013

In addition to tweeting out pictures of the squad cars as they left the station, the Department of Public Safety tweeted out information about DWI arrests using the hashtag #May10DWI.

Previous reports had stated that authorities would tweeted out the names of those individuals arrested for driving under the influence, but they appeared to back off that statement, as they only tweeted out the age, sex, and location of a handful of perpetrators who were arrested.

However, the Twitter account @Mpls_DWI_Arrests tweeted out the names of some of the individuals arrested, also using the hashtag #May10DWI.  State Patrol Lt. Eric Roeske said that account was in no way affiliated with the Minnesota State Patrol or the Department of Public Safety’s Office of Traffic Safety.  The account which tweeted out the names has since been deleted from the Twittersphere.

The Office of Traffic Safety did not say if they planned to have another large DWI patrol in the future, but they do plan on concentrating their efforts to prevent drunk driving in the 13 counties that report the most DWIs.  That includes many of the Twin Cities metro counties, including Hennepin and Ramsey.

Related source:  TwinCities.com

Prom season is already in full swing, and as the school year winds down many high school students look for ways to celebrate.  One celebration ritual that some people can relate to involves consuming alcohol before or after their high school prom.  While this wasn’t a huge deal 30 years ago when the legal drinking age was 18, nowadays school officials are looking for new ways to make the end of the year dance safer for those in attendance.

One way some high schools have combated underage drinking if by enforcing mandatory alcohol screenings before teens can enter the dance or walk in graduation.  Lac qui Parle Valley High School and Montevideo High School instituted mandatory breathalyzers last year during prom, and they believe it helped deter underage drinking.  While it may stop teens from consuming alcohol before the dance, does the mandatory testing violate a person’s 4^th amendment rights to unreasonable searches and seizures?  We’ll take a closer look at the issue.

Can Schools Legally Test?

A couple of high schools that have instituted breathalyzer testing before prom claim to be doing it for the safety of the attendees and of those people who have to share the roads with the teens.  By breathalyzing before the event, officials hope all students will arrive completely sober.  While the school may not be able to control the students once they leave the event, they can attempt to keep them sober on their way to and from the event, which is important considering the leading cause of death among 15-19 year olds is traffic accidents.

St. Charles High School Superintendent Mark Roubinek echoed those sentiments when he explained why his school breathalyzed students before last year’s graduation ceremony.

“It would’ve been a terrible situation if some kids would’ve gotten hurt or killed,” said Roubinek.

Nobody will ever know if Roubinek’s actions prevented any tragedies, but some parents felt that their children’s rights were violated by the mandatory breathalyzer.  They argue that only the students who appeared intoxicated should have been tested, while others say if the teens have nothing to hide, why not consent to the test?

Defense Attorney Avery Appelman, who routinely handles cases surrounding unreasonable searches and seizures, said it’s a bit of a gray area, but some regulations allow the schools to conduct the tests.

“It’s similar to a ‘student-athlete code’, which states that a student must abstain from certain activities if they want to participate in sports,” said Appelman.  “If you want to participate in school functions, you may have abide by their policies.”

Appelman added that schools can hide behind the clause that they are looking to protect the “greater good” of all their students when conducting the tests.

Consequences of Testing

Besides the debate over 4^th Amendment rights, forcing mandatory breath tests on prom-goers isn’t a perfect system.  Some opponents of the process say teens will simply turn to drugs like marijuana in order to bypass alcohol detection, while others say students may skip the dance altogether because they want to drink without detection.

Another reason why across-the-board testing of all students isn’t a perfect science is because sometimes breathalyzers report a “false positive”.  As we’ve written about before, diabetics, dieters and asthmatics all have an increased likelihood of registering a false reading on a breathalyzer, and it could be devastating to a teenager to be refused entry to their prom because of an inaccurate test.

Related source:  CBS Local Minnesota

Comedian Kevin Hart was arrested on suspicion of DUI earlier this month after an officer spotted him driving erratically at excessive speeds.

It was no laughing matter for Hart though, as reports have surfaced saying he nearly collided with a gas tanker trunk.  Officers pursued Hart’s vehicle, and they were able to safely get him to pull over.  Deputies said Hart showed “objective signs of intoxication”, and the comedian later failed a field-sobriety test.

Hart was later charged with misdemeanor DUI.  Hart could be assessed any of the following penalties according to state law.

• Fines up $1,000
• Up to six months in jail
• A four-month license suspension
• Probation time
• 18-30 month alcohol awareness program
• Maintain SR-22 insurance (aka high-risk insurance) for three years once license is re-instated.

Hart was later released from police custody, and he fired off a series of tweets that showed a lack of remorse for his actions.  Hart tweeted “I’m officially a thug, I spent 6hrs in jail last night…I got pulled over 3blocks from my house by a d**k head cop.”  He added “This cop was the worst, he knew who I was & wanted to make a example out of me….”

The tweets have since been deleted, but Hart later issued another tweet that seemed to trivialize his time in police custody.

“I did 6,000 push ups & 13,000 sit ups while I was in the pin….shout out to my celly “Mark” we exchanged war stories LMFAO…”

It’s uncertain if Hart came to his senses because of advice his publicist or through backlash on twitter, but he later offered the next two tweets that showed a more mature response to his situation.

On some real shit….drinking & driving is not a game or a laughing matter. People have lost lives because of stupid shit this!

— Kevin Hart (@KevinHart4real) April 14, 2013

This is a wake up call for me, I have to be smarter & last night I wasn’t….everything happens for a reason….

— Kevin Hart (@KevinHart4real) April 14, 2013

Minnesota DWI attorney Avery Appelman said Hart should consider taking a different approach in hopes of securing a favorable outcome.

“DWI cases are challenging to win, and absent an issue that can be litigated, DWI cases rest on what a defendant does prior to the case’s resolution,” said Appelman. “Acceptance of responsibility is only part of the overall process toward favorable resolutions.

Appelman went on to say that proving you can avoid the substance that got you in trouble in the first place is another way to seek leniency from the court.

“We mandate our clients obtain a chemical dependency evaluation and follow those recommendation, such things as an alcohol education class, in/outpatient treatment, aftercare, Victim Impact Panels, or attendance at AA/NA meetings,” said Appelman.  “It is through the initial evaluation that our clients can take some steps to help steer their case toward a great result.”

Related source:  TMZ

Oscar winning actress Reese Witherspoon was arrested early Friday morning for disorderly conduct for failing to follow an officer’s orders in connection with a sobriety test that was being conducted on her husband.

According to the police report, the arresting officer stopped her vehicle because the driver was driving erratically.  Witherspoon’s husband was driving the car and she was riding in the passenger seat.  The officer noted the strong smell of alcohol coming from the vehicle, and he asked Witherspoon’s husband to step out of the vehicle to perform field sobriety tests.

While the police officer was administering the tests, Witherspoon refused to stay in the car despite warnings from the officers.  After her husband was placed in the squad car, Witherspoon again emerged from the vehicle and harassed the officer, saying “Do you know my name?” and “You’re about to find out who I am.”

The officer then placed Witherspoon under arrest for disorderly conduct.  She was later released and issued a public apology for her actions, saying she “clearly had one too many drinks” and “she was disrespectful to and officer who was just doing his job.”

We will not speculate on whether Reese attempted to tunnel out of her jail cell Witherspoon.

Minnesota criminal defense attorney Avery Appelman said he is uncertain if Witherspoon’s actions amount to disorderly conduct.

“Minnesota Statute Sect. 609.72 defines Disorderly Conduct is acting in a manner that the reasonably tends to ‘alarm, anger or disturb others, provoke an assault or breach of the peace,’” said Appelman. “Ms. Witherspoon’s behavior in defying a police order to sit in her car is not disorderly.”

Appelman went on to say, “police need to have a higher level of patience and tolerance for abuse than the ordinary person. It is part of their job to deal with intoxicated, mentally ill and those that are under an extreme amount of emotional distress.”

“Ms. Witherspoon did not pose a risk to the public nor to the officers on the scene. When the only audience is a police officer who is trained to control similar situations, it is difficult to fathom how Ms. Witherspoon’s actions amounted to criminal conduct,” said Appelman.

Related source:  LA Times

In an ironic tale, Yovani Gallardo, who pitches for the Brewers in a stadium named after the Miller brewing company, was arrested and charged with DUI early Tuesday morning after getting behind the wheel following a night on the town.

A concerned citizen alerted authorities to a possible drunk driver after witnessing a car driving at erratic speeds and swerving between lanes.  Deputies were able to track down the driver, and noticed the car was only traveling at 40 mph in a 55mph zone.

After stopping the vehicle, authorities noticed that Gallardo had glassy eyes, slurred speech and smelled of alcohol.  He consented to a breathalyzer test, which revealed a BAC of 0.22, nearly three times the legal limit of 0.08.  Gallardo took a second breathalyzer following his arrest, which also came back with a reading of 0.22.

Milwaukee County sheriff’s spokeswoman Fran McLaughlin said Gallardo complied with the officers’ requests throughout the process.

“He was very cooperative,” said McLaughlin.  “He said he had a couple of beers”.

McLaughlin went on to say that Gallardo faces nearly $800 in fines.  She said the first-offense drunken driving citation is not a misdemeanor or felony, but Gallardo faces a $300 fine for the DUI, and additional $300 for his level of intoxication, and a $178.80 fine for a deviating lanes violation.  In addition, Gallardo will have his driver’s license suspended for a minimum of six months.

Gallardo may also be forced to install an ignition interlock device in his vehicle, as recent provisions to Wisconsin Act 100 state that IID’s are mandatory for anybody convicted of a first offense OWI with a BAC at 0.15 or above.  Minnesota has a similar system, requiring IID’s to be installed if a person blows a 0.16 of higher.

Criminal Defense attorneys Melvin Welch and Stacy Kaye said Gallardo was fortunate to have run a-foul while in Wisconsin, which is one of the most reasonable states in regards to its DUI laws.  Had he been cited in Minnesota, Gallardo could have faced a variety of penalties, including:

• Fines in excess of $1,000
• Loss of license for up to one year
• Jail time
• Mandatory chemical dependency programming
• Several years of probation

Although the Brewers are off to a rocky start this season, Welch added that “Yovani’s good fortune is coupled by not playing for the Twins this season.”

The Brewers issued a statement Tuesday morning acknowledging the incident.

“We have been made aware of the situation with Yovani and we take this matter very seriously,” the organization said in a statement. “We have expressed our disappointment to him and know he understands that behavior of this nature is of great concern to everyone in the organization. Yovani has acknowledged the seriousness of this incident and is taking full accountability for his actions.”

Gallardo is expected to make his next scheduled start on Thursday against the reigning World Series Champion San Francisco Giants.

Related source:  ESPN

The weather in Minnesota can only be described as strange (Thundersnow in April?!), and in keeping with the theme we decided to find a few DUI stories that make you say “are you kidding me?”  They also highlight the dangers of mixing marijuana with other substances.

Elephant in the road

Late last year, Samuel Phillips, 31, was arrested and charged with his seventh DUI after his Land Rover struck a guard rail.  When officers arrived on the scene, they noticed that Phillips was acting erratically.  An officer proceeded to ask Phillips about the accident, including why it occurred.  Phillips said he was merely attempting to avoid hitting an animal.

Let’s just say officers weren’t buying his story.

According to the police statement, “Phillips told the trooper that the accident was the result of…. swerving to avoid an elephant he observed running in the path of the vehicle.”

Officers suspect that Phillips’ observation was a result of the combination of PCP dipped marijuana he admitted to smoking before getting in his car.  Phillips was charged with his seventh DUI, as well as driving without insurance.  He was held on a $21,000 bond.

No other citizens reported seeing an elephant, and no zoos reported any missing Dumbos.

Tonight, I gotta cut loose, footloose

Earlier this month, authorities were called to the scene of a single vehicle crash to find the driver, 34-year-old Felix Lockett, dancing in the street.

Without his clothes on.

A Florida Highway Patrol officer who responded to the call opened Lockett’s car door to investigate the scene, only to experience symptoms of exposure to hazardous materials.  A Haz-Mat team was called to assist in the situation, and they found a bottle containing formaldehyde inside Lockett’s vehicle.

Formaldehyde is most commonly used during autopsies, to determine the cause of death and to help preserve the body. Lockett told authorities that he had mixed formaldehyde with marijuana before driving.

The trooper and two other law enforcement officers were taken to the Orlando Regional Medical Center for treatment after experiencing symptoms associated with chemical exposure.  None of the illnesses were considered life threatening, although they reported watery eyes and trouble breathing.

Although he was able enough to dance, Lockett was later hospitalized in “serious” condition.  Authorities did not announce what charges would be brought against the man.

If convicted on a felony level, Lockett’s next dance may be from behind bars.  No word on if dancing is banned in the area penitentiary.

Related source:  Orlando Sentinel, The Philadelphia Inquirer

Although we’ve already had early frontrunners in the chase for the weirdest DUI in 2013, three mothers have certainly dropped out of the running for the “Mom of the Year” award after receiving DUI’s earlier this month.

The first incident happened north of the border in Canada.  According to the police report, a 53-year old mother went to go pick he son up from jail in the wee hours of the morning after he was arrested for DUI, which sounds innocent enough, until we learn that the mother was also drunk when she arrived at the police station.

Officers said the woman smelled of alcohol, and they asked her to take a breathalyzer test.  She failed the test and was charged with impaired driving.

The duo had their vehicles impounded, lost their driver’s licenses for 90 days, and share a court date in April.

Mom Charged with DUI while Driving Son to School

Not to be outdone, a 52-year old South Carolina woman was charged with driving under the influence after officers stopped her for speeding through a school zone.

According to authorities, Deborah Arnett was pulled over after she was clocked going 40 mph in a 25 mph school zone.  Police had to pursue her down several streets before she decided to pull over.

When asked why she was speeding, Arnett told the officers that she was trying to get her son to school on time.  Officers noticed the smell of alcohol, and they asked Arnett to attempt some field sobriety tests.  She failed the tests, but would not consent to a breathalyzer.

Arnett said she drank too much the night before and hadn’t eaten anything that morning.  When officers looked in her minivan, they found a can of beer and a bottle of mouthwash.

She was charged with driving under the influence, child endangerment, and failure to stop for blue light and siren.

Teen Mom “Star” Arrested for DUI

Farrah Abraham, who became relevant because of her appearance on the MTV show Teen Mom, was arrested and charged with DUI over St. Patrick’s Day weekend, but she claims the breathalyzer was incorrect because she was sick.

Abraham was pulled over after she got behind the wheel following a night of partying during the holiday weekend.  She consented to a breathalyzer test, where she blew a .147, nearly twice the legal limit.

Abraham said she didn’t even want to go out that night, despite tweets that said she was ready to party and a picture of her double-fisting two beers, yet she went out to make sure her older sister got home safe.

According to TMZ, Abraham was not cooperative with police.  They reported that she scream and bit on the Breathalyzer three times before providing an accurate sample.  Despite the evidence against her, Abraham sounded confident in her defense.

“Because I’m sick, I could not give an accurate breathalyzer test, due to coughing and shortage of breath,” said Abraham. “I have a lawyer and all will work out with my ticket.”

Related sources:  TMZ, Yahoo, The Canadian Star, WBTW.com

Many times, people that are traveling from out of state on business, holidays, or even just passing through Minnesota can end up getting pulled over and charged with a DUI. Being charged with driving under the influence of alcohol and drugs is very serious and can potentially ruin many aspects of your life and finances. When you are charged with such a crime in a state other than the one in which you reside, the headaches and fines can be even worse, unless you have someone in your corner to help you take care of it.

If you are not from Minnesota but are facing a DUI charge, it can be very frightening, as most people aren’t aware of the laws and legal consequences for DUIs in other states. Most of us don’t have the time or money to travel for ongoing legal proceedings, and this can add to the stresses of your situation. However, there are things that can be done to handle these issues when you are out of state.

What to do after the arrest

It is extremely important that you seek legal representation as soon as possible. Finding an attorney with a great reputation that specializes in DUIs is the first step. A criminal defense attorney will review all of the facts of the case and be able to tell you if you have a chance of fighting the case or not. Even if attorneys can’t fight the facts of the case, they usually have enough knowledge to get reduced sentences and lower fines and costs, which often makes the additional money you will spend on the attorney fees worthwhile.

Court Appearances

Unfortunately, unless your case is dismissed by the prosecutor, you will have to appear before a judge for your sentencing or trial. A local attorney can usually take care of most of the pre-trial proceedings, however. Most times, a judge will allow an attorney to make appearances for you in order to submit a plea and for discovery hearings if you are located in a different state.

If you are an out-of-state resident who ends up with a DUI in Minnesota, don’t make the mistake of trying to handle your case on your own or risk missing an appearance in court. This will likely only make your situation worse. Hiring a competent attorney is a must when facing out of state DUI charges.

David Haenel, Esq. of Finebloom & Haenel is frequently consulted on his expertise in matter of DUI defense. In addition to authoring the book “Florida DUI Survival Guide: A Citizen’s Protective Manual,” he is a frequent speaker on the topics of DUI defense and breath testing as providing training sessions for both law enforcement and his fellow prosecutors. He rates a “Superb” (10 out of 10) rating by clients and other attorneys on the independent review site Avvo.com, and has been named a “Rising Star” by Super Lawyers magazine. Learn more at www.fightyourcase.com.

Despite our best efforts to keep Minnesota residents from getting a DWI, approximately 400 people were arrested for driving under the influence during the holiday weekend.

According to data from the Minnesota Department of Public Safety, the number of DWI arrests hovered around 400 for Saturday and Sunday, and one traffic fatality was reported.  Authorities have not said whether alcohol was a factor in the crash.

The number represents a disturbing trend, as this year marks the sixth straight year that Minnesota has seen DWI arrests increase in connection with St. Patrick’s Day.  While some people say the increase in arrests was due to St. Patrick’s Day falling on a Sunday, or because there was a heightened police presence, many news outlets warned partiers that more cops would be on the lookout for drunk drivers.

Criminal Defense attorney Stacy Kaye said increased patrols are becoming more popular throughout the state.

“DWI patrols have been increased in general lately, and that this will likely continue through the warm weather season,” said Kaye.  “DWI specific patrols can be very effective during holiday weekends and evenings, because the odds that any given driver they stop is intoxicated go way up.”

These 400 people now face the harsh reality of their decision to get behind the wheel.  A first time DWI violation is punishable by up to 90 days in jail and a minimum $300 fine, and the troubles only get worse if you’ve had a previous conviction.

Although we don’t condone drinking and driving, we’ve put together a DUI Information Card that tells you what to do if an officer suspects that you are driving under the influence.  You’ll still face some consequences if you are arrested for suspicion of DUI, but the information can put you in a better position to fight the charge.

The next major holiday for increase DWI patrols is the 4^th of July, but police may put a greater emphasis on watching for suspected drunk drivers on a day-to-day basis now that the MDPS stats have been released.  As always, plan ahead is you know you are going to be drinking and driving.

Related source:  Minnesota Department of Public Safety

In an effort to continue their goal of zero deaths in Minnesota, the state patrol department has announced that they will be adding extra DUI patrols this weekend.

There have been 11 traffic deaths in Minnesota over the last five years during the St. Patrick’s Day holiday.  Law enforcement officials are concerned about the holiday this year because St. Patrick’s Day falls on a Sunday.  Some believe this may lead to residents partying throughout the whole weekend.

Also concerning is the Department of Public Safety records from past holiday weekends.  According to the report, DWI arrests on St. Patrick’s Day have gone up every year since 2008.

“We would rather not have to make arrests or have needless tragedies occur, but people need to plan ahead especially because of the potential for a weekend-long celebration,” said Duluth State Patrol District Lt. Jason Hanson.

Although the state department has not announced which roads will be receiving extra attention, they said their goal is to continue working Towards Zero Deaths (TZD).  The extra shifts will begin on Friday and extend into the early hours of Monday morning.

As is the case with most holiday weekends, drivers are asked to plan ahead or use alternate methods to get home.  Drivers are also encouraged to report any suspected drunk drivers to help keep the roads safe.

Although we’ve written about similar ways to get home safely during the winter season, we’ve updated out list for St. Patty’s day.  Below are four ways to get home safely this weekend.

1. Plan a Sober Ride – Designate a driver before the night begins so you know you’re getting home safe. Remember, a designated driver isn’t the St. Patty’s partier who “stops drinking early”. Encourage the designated driver to drink non-alcoholic concoctions.

2. Take a Cab – Taking a cab is another way to get home safe. If you don’t know the number of a taxi company, ask a bartender to call one for you. Taxis will be all over during the holiday weekend, so you and your friends should be able to grab one with ease.  You can even ask that the cab company send a van if you are going out with a group.  Not only will this get your whole party home safely, but it will also cut down on the price if everyone chips in a few bucks.

3. Public Transportation – Public transportation is another great way to get around, and it is usually a really cheap option. Fares for buses or light rails usually cost between $1-$3, but on Saturday, both are FREE after 6 pm.  Nearly every bus or rail can get you within walking distance of your house if you live in the metro area, so leave your car at home and enjoy the free ride.

4. Walk – According to DWI statistics, the majority of drunk driving accidents occur within five miles of an offender’s home. While a five mile walk may be out of the question, especially since Saturday’s high temperature is going to be almost 50 degrees cooler than last year, consider walking home if you aren’t too far away. Most bars allow you to park overnight without penalty because they respect the fact that you made the wise decision to walk instead of drive. Keep an extra coat in your car in case you have one too many and decide to walk home.

Related source:  Star Tribune