Legal Question in Criminal Law in Minnesota

Dui

If someone doesnt get pulled over driving a motor vehicle and is walking towards the door of a 24hr restaurant and is stopped by officers who say they saw him get out of the drivers side of a vehicle and give him the field test which they pass and then they blow a .08..can they still be charged with driving under the influence while not in a vehicle and has no keys on them for said vehicle?


Asked on 8/06/06, 7:24 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Dui

The person can certainly still be charged for the crime of DWI. However, the facts that yurelate proide a fairly compelling basis to challenge the charges.

For a consultation caontact us at your earliest opportinity.

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Answered on 8/07/06, 8:46 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: Dui

Short answer is "yes." Police need "probable cause" to believe the person was "driving, operating, or in control of" a motor vehicle. In Minnesota, the arbitrary limit is 0.08. If the police breath machine claims a 0.08 reading, that is so close to the threshold as to be questionable. It is important to retain a good DWI defense lawyer as soon as possible, to help serve and file a challenge to the "implied consent" license revocation WITHIN 30 DAYS. After that it will be too late, period. Note that this deadline has nothing at all to do with the court date the police gave you, which relates to the CRIMINAL DWI charge only. This is difficult for most people to understand, at first. So, it is imperative that you retain a good DWI lawyer to help you, ASAP.

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Answered on 8/07/06, 10:01 am


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