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DUI/DWIDrunk driving involves the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. DWI laws also apply to recreational vehicles, such as an ATV, boat or snowmobile, and piloting an airplane. Minnesota DWI statutes contain four major categories of drunk driving crimes: First Degree DWI A drunk driver is guilty of first-degree DWI if they commit a DWI violation within ten years of the first three or more drunk driving incidents, or have been previously convicted of felony DWI in Minnesota. Second Degree DWI A drunk driver is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed. Third Degree DWI A drunk driver is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed. Fourth Degree DWI It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water in Minnesota: (1) when the person is under the influence of alcohol; (2) when the person is under the influence of a controlled substance; (3) when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle; (4) when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more; (5) when the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or (6) when the person's body contains any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. It is also a crime to refuse to submit to a breath test. Aggravating Factors The severity of a DWI in Minnesota depends upon whether one or more aggravating factors are present at the time of the offense. These include: (1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense; (2) having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time, of the offense; or (3) having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender. |
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Svingen, Karkela, Cline, Haugrud, Hunt, Larson & Jensen, PLLP is pleased to announce the addition of Jamison W. Cichosz as a partner, effective April 1, 2009. Mr. Cichosz will practice in the areas of criminal law, family law, workers’ compensation and general litigation.
Jamison W. Cichosz graduated Magna Cum Laude from the University of St. Thomas in 1999 with degrees in both Business Administration and Spanish. He then went on to graduate from the University of North Dakota School of Law in 2002 after which he moved to the Fergus Falls area. Mr. Cichosz has been practicing in the areas of criminal law, family law and general litigation since being licensed.
Mr. Cichosz has become active in the community since moving to Fergus Falls. He is a two-time past commander at VFW Post 612 in Fergus Falls. He has taught criminal law and criminal procedure at Minnesota State Community and Technical College in Fergus Falls. He was the City Prosecutor between 2002 and 2007 and is currently a member of the Fergus Falls City Council. For enjoyment, Mr. Cichosz coaches youth football and spends time with his family.
Sheila Harms was a featured speaker for the Career Day on April 3, 2009 hosted by the Pelican Rapids Chapter of Rotary.
J.J. Cline, Allen Haugrud, and Paul Hunt served as attorney coaches in the 2009 Minnesota High School Mock Trial Competition. The Minnesota State Bar Association will recognize the more than 500 mock trial volunteers in the May/June issue of Bench & Bar.
Greg Larson has been selected for inclusion on the 2008 Minnesota Rising Stars list, featuring the top young lawyers in the state. Rising Stars is published in a special advertising section of the December 2007 issues of Minnesota Law & Politics, Twin Cities Business and Mpls/St. Paul Magazine. The list of Rising Stars also appears on the web at superlawyers.com.