Recently, north of Minneapolis, Mr. Steven Johnson was charged with 3rd Degree DWI and 5th Degree Drug Possession in connection with a motor vehicle accident. According to reports, Mr. Johnson had not been drinking, but had been huffing bottles of whipped cream prior to or while driving his vehicle.
Mr. Johnson was arrested after the police responded to a call that a vehicle had struck a pole. When the police arrived, the officers allege that Mr. Johnson showed signs of impairment. The officers found several bottles of whipped cream inside of Mr. Johnson’s vehicle. The officers then arrested Mr. Johnson for suspicion of DWI from a hazardous substance. The officers then conducted a search of Mr. Johnson’s person and found a single pill of a controlled substance for which Mr. Johnson did not have a prescription.
In Minnesota, a person can be charged with DWI for driving, operating, or being in physical control of a vehicle when:
- They are under the influence of alcohol;
- They are under the influence of a controlled substance;
- They are under the influence of a hazardous substance that affects the nervous system, brain, or muscles so as to substantially impair the person’s ability to drive or operate the vehicle; and or
- They have an alcohol concentration of .08 or more within 2 hours of driving, operating, or being in physical control of a vehicle.
The penalties for DWI in Minnesota include:
- Jail Time
- Monetary Fine
- Forfeiture Of Your Vehicle
- Note that you have limited time to contest the forfeiture of your vehicle.
- Loss Of Your Driver’s License
- Note that you have limited time to contest the revocation of your driver’s license.
- Increased Insurance Costs
- Other Collateral Costs
What does this mean for you?
If you drive, operate, or are in physical control of a vehicle while you are under the influence of a substance that impairs your ability to operate a motor vehicle, then you can be charged with DWI. The impairing substance does not have to be drugs or alcohol, it can also be the result of huffing bottles of whipped cream if it impairs your ability to drive or operate a motor vehicle.
DWI is a serious crime with serious consequences that necessitates experienced representation. If you have or anticipate that you may be charged with DWI, contact a Minneapolis DWI Defense Attorney for a free consultation. You have limited time to contest the forfeiture of your vehicle and the revocation of your driver’s license. It is important to have someone fighting to protect your rights.