Legal Question in Criminal Law in Minnesota

Re: open bottle / D.U.I.

Generally, a driver's license is revoked upon an arrest for a DUI and subsequent blood alcohol test failure. The length of a driver's license revocation depends on which type of DUI charge an individual has. If it is a first-time DUI, and the driver's B.A.C. (blood alcohol content) is under .20, the revocation period is 90 days. However, the revocation period gets longer for each subsequent DUI, or if there are certain aggravating factors, such as a B.A.C. over .20. If there is a test refusal, the driver's license is revoked for one year.

There are separate court proceedings for challenging the revocation of a driver's license called an Implied Consent Hearing. In order to challenge the revocation of a driver's license, the necessary paperwork must be filed with the court within 30 days from the date the driver received the notice of revocation. In certain situations, it is possible to reinstate the driver's license pending the outcome(s) of any court proceedings.

Please feel free to contact me at 651.222.6603 or visit www.arechigo-stokka.com for more information.

Re: open bottle / D.U.I.

Thank you for the e-mail.

If you had a Blood Alcohol Content under .20, and you have no prior DWI within the last 10 years, you were charged with a fourth degree offense. This is still serious and carries with it maximum criminal penalties of up to 90 days in jail and a $1000 fine. If convicted any subsequent DWI offense would be much more serious and with foru ofenses in ten years, you can be charged with a felony. As a result , as torng defense on the first alleged incident can be critical to your future. Different Judges give different sentences. Accordingly, 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 over your lifetime, you may be revoked for 30 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. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. A failure to challenge results in an Implied Consent violation on your record which can also affect employment and may be used to enhance any subsequent DWI 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.

For a Consultation call us at 612.240.8005.