Legal Question in DUI Law in Minnesota

My son is a private in the army and he was on leave to come home for his brothers wedding. That night he got arrested with .18 alcohol content that night they arrested him took him to detox let him out after 2 hrs with only a sheet of paper that was given to my niece stating court date and release form. He still has not got a police report and DA said they are waiting for urine test and still under investigation? His higher up at army is harrassing him and want police report. Any suggestions?

Asked on 11/13/13, 11:54 am

4 Answers from Attorneys

Steve Jankowski S Jankowski Law Office

I was a JAG in the USMC. I can tell you that the command is wanting to learn more about the possible DUI because there is a very low tolerance for alcohol incidents in the military. It is very likely that your son will face NJP (non judicial punishment or article 15 punishment) from the army.

The reason that the command is anxious for the police report is that most police stations that are close to a military base routinely fax information to the military every morning so that they have immediate knowledge of any incidents that happen off base that involve military personnel. Since we don't have much military in Minnesota, those reports are not generated.

It is not unusual that it takes weeks before the results of a urine test come back, and the prosecuting attorney's will not want to complete the charging process until those results are returned.

I do recommend that your son have representation in this matter. If you would like to contact me, I can be reached at 763-587-3785. I have been a criminal defense attorney for 24 years, with 4 of them as a JAG.

Steve Jankowski

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Answered on 11/13/13, 12:41 pm
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. I urge that your son be represented in this matter. Delays in the ability to obtain documentation of various sorts are not uncommon. Your son's attorney will assist with all. Your son is welcome to contact me.

Tricia Dwyer Esq

Phone: 612-296-9666

Tricia Dwyer Esq & Assoc PLLC

Minnesota Criminal Defense

Minnesota Traffic Law

Minnesota DWI-DUI Law

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Answered on 11/13/13, 5:13 pm
J. Chris Carpenter Chesley Kroon Chambers and Harvey

The urine test is being sent to the Bureau of Criminal Apprehension for testing. It usually takes at least six weeks for the sample to be tested. Nothing much happens on the case until the test result comes back. Your sons ‘higher ups’ will just have to be patient.

Herbert C. Kroon

Chesley, Kroon, Harvey & Carpenter

75 Teton Lane

Mankato, MN 56001


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Answered on 11/14/13, 9:18 am
Maury Beaulier612.240.8005 Minnesota Lawyers

You must hire a lawyer on the DWI offense and on the related Implied Consent (license revocation). It can certainly have a significant impact on his career.

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Answered on 11/15/13, 12:21 pm

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