Legal Question in Criminal Law in Minnesota

I presume this will be his first appearance. At his first appearance he is "arraigned," and formally told what he is being charged with. In some cases, but not likely in his, he could be advised of other or different charges that may be filed, and he could be served with a formal complaint. He was probably given a ticket at the scene and was very likely released the day after he was stopped, or a few days later. I presume from your question that he is not still in custody.

Some cases are resolved at the arraignment, but usually the case is scheduled for a subsequent hearing, typically a pretrial conference, or a hearing at which he can contest the lawfulness of his stop and the admissibility of certain evidence. I do not have enough facts to suggest what will happen beyond the arraignment, or to properly comment on what he should do -- other than retain an attorney. If he is unemployed and cannot afford a lawyer, he will be eligible for the public defender. Otherwise, he should be represented by an attorney. Call if you have further questions or are looking for help for your son. 612.234.2116.

Thank you for the post.

Even a first offense DWI can be serious. Your son should hire legal counsel.

If he had a Blood Alcohol Content under .20, and he has no prior DWI within the last 10 years, he was 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 four offenses in ten years, he can be charged with a felony. As a result, as strong 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 his driver's license. On a first offense over a lifetime, he 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 the license revocation,he must seek a judicial review by filing a petition within 30 days of the offense. 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.

Other points of a defense anaylsis include:

� 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.

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