Legal Question in DUI Law in Minnesota

Re: post-consumption

Generally the government must have evidence of knowing possession of a controlled substance to support probalbe cause to charge a person with a drug possession crime. If the only evidence of a drug was a blood or urine test, this would normally be found inadequate evidence to support such a claim. As for a defense to a DWI charge, a better defense would have been use of a prescribed medication, as prescribed - though I have raised the "involuntary intoxication" defense in DWI cases based upon prescribed meds.

FFI:

http://www.liberty-lawyer.com/dwiduidrivingrelated.html

http://www.liberty-lawyer.com/drugcrimecharges.html

Re: post-consumption

The Double Jeopardy Clause of the United States Constitution provides that no person can be put on trial and convicted for the same crime twice.

Generally, a prosecution on a DUI or DWI charge against a driver will block or bar a later prosecution for vehicular homicide if the charges arise out of the same incident because the drunk driving is an element or component of the crime of vehicular homicide. By the same token, it can be arguesd that possession by being under the influence of a narcotic, is also a lesser-included offense of a DWI. A successful argument means that double jeopardy blocks further prosecution if the government pursues the lesser-included DWI charge.

For a consultation call 612.240.8005 or visit criminal-law.tv