Legal Question in DUI Law in Minnesota

Re: first time DWI

Yes.

Most people do not realize, until educated by their lawyer, that in a DWI case in Minnesota, the government in effect prosecutes the driver twice for the same thing. First, the state administratively revokes your driver's license (or "driving privilege" in a non-resident) -- generally by the law enforcement officer handing you a Notice of Revocation. You then have thirty days to challenge that in court, or it is forever too late. This the government claims is a "civil case," and so the double jeopardy clause does not prevent this double prosecution, they say. Most people don't ever learn of this, and so never do so. Only those with a good DWI defense lawyer (such as my clients) generally do so.

Second, the government charges you with a DWI crime. A "crime" cannot result in an adjudication of guilt, conviction or sentence without a trial first, or a guilty plea.

To avoid an alcohol-related event on the drivers license record, and so avoid high-risk auto insurance rates, one must (1) win the implied consent case; and (2) avoid an alcohol-related conviciton in the criminal case. If successful, tens of thousands of dollars can be saved over a five year period.

She is welcome to call me.

Re: first time DWI

It is always a good idea to have an attorney. A DWI can have long lasting consequences and, even as a misdemeanor, is a very serious crime.

If your sister had a Blood Alcohol Content over .10 but under .20, and if she does not have a prior DWI within 10 years of the current offense, she was charged with a fourth degree offense. This is a misdemeanor and carries with it maximum criminal penalties of 90 days in jail and a $1000 fine. Different Judges give different sentences. As a result, understanding the Judge and knowing how to change Judge's can be an important part of the process.

There is also a civil case that results in the revocation of the driver's license. On a first offense, she may be revoked for up to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, she must seek a judicial review by filing a petition within 30 days of the offense.

There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures.

There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

� Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

� Probable Cause to arrest and charge. the officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

� Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

� Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary fro true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

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