Legal Question in Criminal Law in Minnesota

Re: Dui in mn

Thank you for the e-mail.

If you had a Blood Alcohol Content over .08 but under .20, and if you do not have a prior DWI within 10 years of the current offense, you were 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 your 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 your driver's license. On a second offense, even if the first offense was not within 10 years, you may be revoked for up to 6 months. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you 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 from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

For a Consultation call us at 612.240.8005.

Re: Dui in mn

The "lookback period" for criminal charge enhancement and mandatory minimim sentencing statutes in DWI cases in Minnesota courts is 10 years. The same is true for plate impoundment. But, for drivers license revocations there is no limit. It's a "lifetime lookback."

Unless you retain a good DWI lawyer, like me, and win these cases, it will end up another alcohol-related incident on your record(s), result in license revocation, and increased insurance costs.

FFI: http://www.liberty-lawyer.com/dwiduidrivingrelated.html

of call me.