Legal Question in DUI Law in Minnesota

Re: 4th degree DUI

Everything that lawyer told you rings true.

However, every case is different and you should not try to handle this on your own. You need a lawyer and you need one fast.

Your question indicates to me that you probably don't understand your situation. Even if the judge reduced this to careless, you will still have the implied consent on your record unless you can chalenge that in court and win - another unlikely prospect.

Careless is better than DWI, but it would show as a careless with an implied consent - in other words an alcohol related careless.

Check out my info at http://www.mn-dwi.com.

Re: 4th degree DUI

If you're talking about getting the charge reduced simply because you're a first-time offender and need your license, that will not happen. Only the prosecutor can agree to reduce your charge to Careless Driving, and no prosecutor will do that with a .19 test result. The only chance you have of keeping this off your record as an alcohol-related offense is to hire an attorney to fully investigate the matter and try to find some issues to contest. You may not think you have anything to fight about, but you'd be surprised how many different technical and constitutional issues can arise in a DWI. Even the most experienced officers make mistakes without knowing it. You should talk with a couple more DWI lawyers before you decide what to do.

Re: 4th degree DUI

Of course DWI cases are difficult to win! The state intentionally makes it so, and in my opinion is quite willing to sacrifice "justice" for the sake of "expediency." Even so, good DWI defense lawyers are educated and experienced in winning DWI cases. I am. I win them on a regular basis.

If you really do not want an alcohol-related event on your drivers license record, then you will need to BOTH (1) challenge within 30 days and then win the "implied consent" administrative revocation of your drivers license; AND (2) avoid an alcohol-related criminal conviction, such as DWI.

A Careless Driving conviction would meet the second criteria above, but not the first. A judge will do nothing for you other than perhaps offer a few kind words. The only way you can win is to have a hard-working, skilled DWI defense lawyer working with you. Call me if you'd like to discuss this.