Legal Question in DUI Law in Minnesota

Re: 1 offense... 4th Degree DWI

Thank you for the e-mail.

If you had a Blood Alcohol Content over .08 but under .16, 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.

� 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.

You should have your case reviewed by an experienced lawyer. For a Consultation call us at 952.746.2153.

Re: 1 offense... 4th Degree DWI

Yes, I do recommend getting a lawyer. The first question to ask is "what is at stake?" in any particular legal matter. In case like you describe, with no accident or other aggravating factors, the defendant is unlikely to be sentenced to much, if any, executed jail time. But, having an alcohol-related event on your drivers license record can cost many thousands of dollars, month after month, year after year. Major increased expenses include, not only high risk auto insurance premiums for minimal coverage, but also numerous fines and fees, and costs related to having a criminal conviction record, a alcohol-related drivers license revocation. These include impacts on employment, health insurance, etc.

It is possible to retain a good DWI defense lawyer, challenge in court the administrative revocation of your drivers license if done within 30 days, get that rescinded off your drivers license record, and avoid an alcohol-related conviction. If done, this could save you thousands, perhaps tens of thousands of dollars over a five year period alone. DWI laws today are complex. Only an experienced, motivated DWI defense lawyer can help you effectivley fight and win one of these cases.

Without a good DWI defense lawyer you have virtually no chance of winning, in that way. You can't win unless you try to win.

Re: 1 offense... 4th Degree DWI

The other replies you received from other attorneys talk about challenging a DWI, which is something everyone would want to do if they could afford it. A good DWI defense lawyer is one who stays current with ever-changing DWI laws and procedures, and one who has a lot of experience with the judges and prosecutors in the jursidiction of your offense. If you do not want to challenge your DWI, you really do not need a lawyer. However, the only reason not to challenge it would be because you cannot afford a good attorney. Call some attorneys and talk with them about how they handle DWI cases and see if you are comfortable with any of them. Do not let any attorney scare you about jail, you will not go to jail for this case no matter what. The bottom line is that an attorney can help you by checking every possible avenue of defense to see whether you have a fighting chance to keep your record alcohol-free. A good DWI lawyer also may be able to get your license revocation temporarily reinstated or may be able to get your license revocation reduced. Most DWI lawyers offer free consultations, so don't be shy!