As a Minnesota criminal defense attorney, I make it my business to stay on the cutting edge of our state’s laws. When the law changes, it can have a direct and immediate impact on your rights and potential legal challenges. In fact, I have drafted and testified before the house and senate on several DWI-related statutes. This July 1st, a host of significant new laws took effect across Minnesota, and it’s crucial for every resident to understand the new landscape, especially when it comes to criminal and traffic law.
The most publicized change, of course, was regulatory changes to the recreational cannabis laws for adults aged 21 and over. While this is a monumental shift in public policy, it is critically important to understand what it does—and does not—mean for drivers. Driving while impaired by cannabis is, and will remain, a serious crime with the same life-altering penalties as an alcohol-based DWI. However, the legal and scientific complexities surrounding cannabis DWIs, or as I refer to them, green DWI’s, are immense.
Unlike the straightforward .08 Blood Alcohol Concentration (BAC) limit for alcohol, there is no equivalent per se limit for THC (the active compound in cannabis) that definitively proves impairment. THC is metabolized differently than alcohol and can be detected in a person’s system for days or even weeks after use, long after any intoxicating effects have subsided. This creates a significant risk for misinterpretation and wrongful arrests. Law enforcement will rely on evaluations completed by Drug Recognition Evaluators (DREs) and observations from Field Sobriety Tests, many of which were designed for alcohol impairment and have questionable reliability for detecting cannabis impairment. Defending against these charges requires a sophisticated legal strategy that challenges the subjective nature of the evidence and the science behind the chemical tests. As this new era begins, having an attorney who is deeply knowledgeable about the nuances of a green-DWI defense is more critical than ever.
A recent high-profile case from the Minnesota Board of Pardons powerfully illustrates that the consequences of a criminal conviction often extend far beyond a fine or jail sentence. The board pardoned a man to prevent his deportation, a severe collateral consequence of his past crime. This serves as a stark reminder that a conviction can have devastating, lifelong impacts that are not always obvious at the outset. This is especially true for DWI convictions. A DWI on your record can lead to the loss of your driver’s license, mandatory installation of a costly ignition interlock device, immense insurance rate hikes, loss of employment (especially for commercial drivers), and for non-U.S. citizens, it can trigger severe immigration consequences. Too often, people underestimate the long-term damage a DWI can cause. Fighting the charge from the very beginning is the best way to protect your future from these cascading effects.
The legal ground beneath our feet has shifted. With new laws come new challenges and new defenses. Whether you are navigating the gray areas of the new cannabis laws or facing any other criminal charge, you cannot afford to face the power of the state alone. Protecting your rights, your freedom, and your future requires proactive and knowledgeable legal representation. If you have been arrested or have questions about how these new laws might affect you, I urge you to contact my office for a consultation.
Sources:
https://www.startribune.com/new-mn-laws-july-1/601862286
https://www.startribune.com/minnesota-pardons-sexual-abuser-who-was-set-to-be-deported/601864052
The information presented in this article is not considered legal advice. Please contact our law office to speak to an attorney about your case.