Legal Question in DUI Law in Minnesota

Re: 3rd DUI

There are two things going on. One is a criminal prosecution for dwi. That is what court in October will address. The second thing is a license revocation. These two things are separate. They are governed by different rules.

In the criminal prosecution, a prior dwi within 10 years is an "aggravating factor" and it increases the severity of the dwi by one level. Because your husbands dwi are older than ten years old, they will have no affect on his current dwi. it will not be a felony. Based on what you have written, it sounds like a misdemeanor. In most jurisdictions, people do not sit jail-time on a misdemeanor dwi. you should be able to get a local lawyer to tell you what the "standard disposition" is in your area in this situation.

As for the drivers license revocation, there is typically not much that can be done. If you can fight the dwi, you can fight the revocation also. But if you cannot fight the dwi, you really can't do anything about the revocation. you can have a limited license when they say you can.

Talk to a couple of lawyers to see if he has any issues worth fighting. Dont wait on this, if you are going to fight the revocation you have to file within 30 days.

Re: 3rd DUI

Thank you for the post.

Since it was his first DWI in the last ten years, he is 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. Certainly the past DWI's may play into any sentencing decision.

There is also a civil case that results in the revocation of his

driver's license. On a third offense, he may be revoked for up to 2 years. This is a separate case even though the challenges are largely the same. In order to challenge his 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 from 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 or visit dwicounsel.com

Re: 3rd DUI

The laws relating to drivers licenses are separate from those relating to criminal charges, when it comes to alleged DWIs.

For drivers license purposes in Minnesota, there is no lookback period limit. Every alcohol-related incident on your drivers license record can be used to determine what will happen to your drivers license. The worst thing that can happen is a lifetime loss of your normal drivers license after a third DWI or implied consent violation in your lifetime. If you don't fight it (within 30 days) and win, you'll only be able to get an alcohol-restricted (no use) "B-Card" drivers license after that (at least a year after).

On the criminal side, there is a ten year lookback -- alcohol-related incidents can't be used to enhance the charge or trigger a mandatory minimum sentence unless within ten years. Judges can use them, however, to come up with a more harsh sentence than otherwise. Currently in Minneosta, a fourth in 10 years is a felony criminal charge. If his last was in 1993, then this would be his first in ten years, a misdemeanor crime with up to 90 days jail maximum.

The bigger issue for most people would be the lifetime loss of the regular drivers license. He should act immediately to challenge the "implied consent" revocation within 30 days (or it will forever be too late) and retain a good DWI lawyer to help with this. Call me if you wish to discuss.