W. Harvey Skees's Answers

W. Harvey Skees
Minneapolis DUI / DWI Attorney.
Contributor Level 4

2

Attorney answers:

  1. W. Harvey Skees
  2. Thomas C Gallagher

DWI citation issued as the result of a court ordered random UA.

Asked by a user in Grand Rapids, MN - over 3 years ago.

The successful defense of the DUI will most likely hinge on validity of the UA test which would be controlled by the order which authorized the UA test. Sometimes a Court will order UA's based upon "probable cause" of use while others will allow them to be "random" or the discrection of probation. In any event, the "under the influence" part is somewhat of a vague term as there is almost strict liability (i.e. the mere presence of a drug in your system is enough without the need to show that...