If you’re caught operating a snowmobile in the State of Minnesota while under the influence of alcohol, a controlled substance, or other hazardous substance, you may be charged with a DUI or DWI, or what is now referred to as SWI, or Snowmobiling While Intoxicated. SWI convictions are recorded on your driver’s license record and may affect your license privileges.

A principal of Caplan Law Firm, P.A., Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney During his 32-year career. In 1983, Mr. Caplan formed Caplan Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A Minnesota DUI attorney, Mr. Caplan has achieved numerous acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder.

The Caplan Law Firm, P.A., recognized as a top criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota, the Minneapolis St. Paul area, Wisconsin, and the Federal Courts in a wide range of criminal matters.

The LexisNexis Martindale-Hubbell Peer Review Ratings have been an integral part of Martindale-Hubbell’s services to the legal community since 1887. The Peer Review Rating Process, which evaluates lawyers in the United States and Canada, is solely based upon peer review. A Martindale-Hubbell Peer Review Rating attests to a lawyer’s legal ability and professional ethics, and reflects the confidential opinions of the Bar and the Judiciary.

The rating attained by Mr. Caplan is the preeminent rating, achievable only after admission to the bar for at least ten years, indicating the highest level of legal ability and ethics. The pinnacle of professional excellence.

“I’m honored to once again receive the AV rating from Martindale-Hubbell” Caplan said. “I will continue to uphold the professional ethics and legal abilities required to maintain this rating.”

A principal of Caplan Law Firm, P.A., Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney, during his 32-year career. In 1983, Mr. Caplan formed Caplan Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A Minnesota DUI attorney, Mr. Caplan has achieved numerous acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder.

The Caplan Law Firm, P.A., recognized as a top Minnesota criminal defense Minnesota criminal and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota and the Minneapolis St. Paul area in a wide range of criminal matters.

An eleven-time Super Lawyer honoree, Mr. Tamburino has practiced exclusively in criminal law for over 18 years. As a Minnesota criminal defense and DUI attorney, he has been involved in over 60 jury trials for crimes from DWI and DUI to homicide. During his career, Mr. Tamburino has tried five first-degree murder cases, employing such defenses as insanity, duress and self-defense. He graduated from the University of Minnesota Law School in 1989, and began his career that year at the Anoka County Attorney’s Office, later moving to the Public Defender’s Offices in Anoka and Hennepin Counties.

In 1997, Joe joined the Caplan Law Firm, concentrating his practice on serious felony matters. He is licensed to practice law in Minnesota, Wisconsin and Federal Courts, and has been an instructor at numerous legal educational courses.

The Caplan Law Firm is recognized for its criminal trial practice successfully representing clients in Minnesota in a wide range of criminal matters, with particular specialties in DWI and DUI defense, representing numerous clients throughout Minnesota and the Minneapolis St. Paul area.

A ten-time Super Lawyer honoree, Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney during his 34-year career. In 1983, Mr. Caplan formed Caplan Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A Minnesota dui attorney, Mr. Caplan has achieved acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder.

A 1974 graduate of William Mitchell College of Law, Mr. Caplan and his associates frequently speak at continuing legal educational seminars. He is licensed to practice in Minnesota, Wisconsin and Federal Courts.

The Caplan Law Firm is recognized for its criminal trial practice successfully representing clients in Minnesota in a wide range of criminal matters, with particular specialties in DWI and DUI defense , representing numerous clients throughout Minnesota and the Minneapolis St. Paul area.

A Minnesota DUI and DWI Attorney, Risk successfully completed the Intoxilyzer Breath Alcohol Testing course and has become one of the first Minnesota criminal defense attorneys who have obtained the same education as the experts who testify for the Minnesota Bureau of Criminal Apprehension in DWI trials. The course addressed the history and principles of breath alcohol testing, Intoxilyzer 5000 principles of operation, pharmacokinetics of alcohol, roadside screening devices (preliminary breath test or PBT), component systems of the Intoxilyzer 5000, Intoxilyzer 5000 operations, accuracy of the Intoxilyzer 5000, and specificity & interferents.

Participants also ran tests on the Minnesota model of the Intoxilyzer 5000EN with the same source code that is used by the police in the State of Minnesota. Not surprisingly the machine did not work as advertised. Among the machine’s failures:

1. It did not detect mouth alcohol. This results in a reported breath alcohol concentration much higher that the persons actual alcohol concentration. Those with gastric reflux issues (G.E.R.D.) or who burp or belch before giving a sample are not treated fairly and may be unfairly accused of having an alcohol concentration well over their actual alcohol concentration. The State has claimed that the machines “slope detector” will flag such a problem, but the detector does not work as claimed. In fact, top forensic scientists agree that these devices are entirely unreliable and cannot be relied upon to prove guilt in a DWI case.
2. The Intoxilyzer 5000 does not subtract interferents such as Isopropanol and Acetone. These compounds have a similar molecular structure as alcohol. Although the machine may identify the presence of such substances, it does not fully subtract the amount of the added “alcohol” on the drivers breath. Those with diabetes or who have endured prolonged exposure to such substances as paint fumes, solvents and numerous chemicals can be adversely affected.
3. Attorney David Risk maintains that the machine can be greatly affected by the manner in which the subject blows into the Intoxilyzer. By hyperventilating, blowing at a minimal rate and giving a minimal volume of air, a person can lower the reported alcohol concentration by at least 50%. Many times officers attempt to obtain the highest reading by having the person hypoventilate and completely empty their lungs before blowing. This will raise the reported alcohol concentration by as much as one-third.

The Caplan Law Firm is recognized for its criminal trial practice successfully representing clients in Minnesota in a wide range of criminal matters, with particular specialties in DWI and DUI defense, representing numerous clients throughout Minnesota and the Minneapolis St. Paul area. For more information, please call (612) 424-5446.