Legal Question in Criminal Law in Minnesota

Re: dwi

From the facts you have provided, you seem to have an excellent defense in your case. The state will argue that you were exercising "physical control" over the vehicle, but you did not have the keys and you did not seem to otherwise be in control of the vehicle. Do NOT plead guilty to this charge and make sure you speak with an experienced DWI attorney before your deadline passes to challenge your license revocation.

Re: dwi

The critical issue is whether or not you had physical control of the vehicle. There appear to be a number of arguments that may apply to your case. That is particularly true if the vehicle was parked at its final desitination. Without the keys, physical control would be a very difficult issue to prove for the prosecution.

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 first offense, you 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, 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.

For a Consultation call us at 612.240.8005.

Re: dwi

The statute says "possession or control," so one could argue you did not have either of these. I have seen charges more bizarre than this in DWIs though. Call at 651-216-044 if you want to discuss it.

Nathan M. Hansen