Legal Question in Criminal Law in Minnesota

A 4th Degree DWI is the appropriate charge for an individual's first DWI arrest within a 10 year period AND if the results of the alcohol concentration test are under a .20, provided there are no other aggravating factors, such as children in the vehicle. For a first offense in a 10 year period with an alcohol concentration test result above a .20, the applicable charge is a Gross Misdemeanor 3rd Degree DWI. A 4th Degree DWI is a Misdemeanor and carries lesser penalties than a 3rd Degree Gross Misdemeanor DWI. If convicted of a 3rd Degree DWI, you could face increased jail time, higher fines, a longer period of probation, and an increased license revocation period.

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The results of the urine test will determine what level offense is charged. If you have a blood alcohol content over .20 and it is a first offense, you may be charged with a third degree offense. This is very serious and carries with it maximum criminal penalties of one year in jail and a $3000 fine. If convicted there are also mandatory minimum penalties of $1000 and 30 days in jail. 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 third degree offense, you may be revoked for up to six 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. Urine tests are highly sispect for many reasons. First, the uring test as applied in Minnesota does not use a first void methodology which impairs that accuracay of any test result. Additionally, samples are subject to variation when retested , often due to the methods of sotring the sample used by labs. As a result challenges canbe made to test results.

I have more than 20 years of experience in defending against DWI charges. We have affordable legal fees and provide aggressive representation.

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