The Minnesota DWI Case Of The Week is State v. Walter (Decided October 10, 2022, Minnesota Court of Appeals, Unpublished) which stands for the proposition that one can only be convicted of one DWI offense arising out of a single behavioral incident. This case is nothing new as the Minnesota Supreme Court and Court of Appeals have repeatedly affirmed this principle. But the case illustrates that some district courts are still not paying attention.
In Walter, The Defendant was found sleeping in the front driver's seat of a car parked along side Interstate 94 near Moorhead Minnesota. The Defendant was drunk and subsequently refused to submit to testing at the police station.
Mr. Walter was charged with Felony DWI and with Felony DWI Refusal to Submit to testing. The Defendant was found guilty by a jury of both charges and warrant of commitment showed convictions on both counts.
On Appeal, the Minnesota Court of Appeals vacated the Felony Refusal conviction noting:
"Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both.” Minn. Stat. § 609.04, subd. 1 (2020). The supreme court has held that “section 609.04 bars multiple convictions under different sections of a criminal statute for acts committed during a single behavioral incident.” State v. Jackson, 363 N.W.2d 758, 760 (Minn. 1985)."
"...this court applies a two-part test to determine whether any of the multiple convictions should be vacated. State v. Bonkowske, 957N.W.2d 437, 443-44 (Minn. App. 2021). First, the convictions at issue must be for offenses that arise under different sections of the same criminal statute. Jackson, 363 N.W.2d at 760. Second, the offenses must have been for acts committed during a single behavioral incident. Id".
"Walter’s convictions for count 1 and count 2 were for offenses arising under different sections of the same criminal statute—Minn. Stat. § 169A.20. Also, this court has held that DWI and test refusal “committed as part of a continuous course of conduct, as occurred here, arise out of a single behavioral incident.” Bonkowske, 957 N.W.2d at 444. Thus, we conclude that the district court erred by entering convictions on counts 1 and 2 on the warrant of commitment."
As explained by State v. LaTourelle, 343 N.W.2d 277, 284 (Minn. 1984):
"[W]hen the defendant is convicted on more than one charge for the same act [the district court is] to adjudicate formally and impose sentence on one count only. The remaining conviction(s) should not be formally adjudicated at this time.
If the adjudicated conviction is later vacated for a reason not relevant to the remaining unadjudicated conviction(s), one of the remaining unadjudicated convictions can then be formally adjudicated and sentence imposed, with credit, of course, given for time already served on the vacated sentence."
Moral Of The Story: One conviction is one too many but legally speaking, one is plenty!
If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minnesota DWI Lawyer, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.
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