Legal Question in DUI Law in Minnesota

Re: DWI license plates

Whether or not the vehicle can be "searched" doesn't have any direct connection to the type of plates on the vehicle. Police can STOP a vehicle with "DWI plates" pretty much at their whim - the special plates were created to more easily identify drivers with a history of alcohol-related infractions. The standards the police must follow in order to go further - to actually search the vehicle - are not different than standards to be followed regarding searches of vehicles with ... "regular" ... plates. Those standards are quite specific to the circumstances at the time and place of the incident.

While I may have answered your question, it seems you may have another concern about the legality of a search that occurred. I encourage you to review those specific facts with an attorney who practices in criminal law. Many criminal law lawyers would review the matter with you at no cost.

I hope that helps.

Re: DWI license plates

Minnesota Statutes Section 169A.60, subd. 18, addresses police stops of vehicles bearing "special plates," stating that such stops are governed by Minnesota Statutes Section 168.0422. The latter says that police can stop cars with the specified special plates to check whether the driver is lawfully operating it with a valid drivers license. A 2002 Minnesota Court of Appeals case, State v Henning, 644 NW2d 500, appears to say that statute was not unconstitutional, in that case.

As for the issue of an automobile search -- whether the car has the "special plates" would likely be mostly irrelevant to the legality of the search. The topic of automobile searches is too big to address here. There are situations where police can legally search a car without a search warrant. But, there are also situations where they must have a search warrant first. It depends upon the facts of each case, which you should review with a criminal defense lawyer.

Re: DWI license plates

There are lots of rules and provisions about when a search warrant is required and when it is not. There are all sorts of circumstances under which any car can be searched without a warrant.

I know of no particular provision, however, that gives any additional authority for a warrantless search just because the car has the DWI plates.

There are whole shelves in the law libraries full of big fat volumes of material about search and seizure. The determination of where the search you are concerned about might fit in the general scheme of these laws would require a whole lot more information than you have provided.

Good luck.