Legal Question in DUI Law in Minnesota

4th degree Dwi with a bac of .08

What can I expect out of this? I am on Social Security, I have advanced HIV and I don't have the means to pay a $1000 fine. Will I be doing community service, and is my life over?


Asked on 5/20/07, 10:19 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: 4th degree Dwi with a bac of .08

Penalties vary from county to county.

They also depend a lot on the circumstances of the case, such as what was your blood test reading.

I never give up on the idea that there may have been a mistake made by the police officer, which would make it possible for me to get rid of the charges completely. The ways that a police officer can screw up are almost infinte. In that case, no penalty at all.

Your life is not over, but the likely consequences are almost always substantially smaller if you have a private lawyer next to you in the courtroom. Most public defenders are really good lawyers, but they don't have the proper amount of time to devote to each case.

In Hennepin County, with your financial circumstances, you fine should maybe be $400. Figure another $200 for an alcohol assessment interview, and another $200 for an alcohol information class. There are rumors that the cost of that class may be about to go up. You may have to to a MADD meeting, for another $30 or so. Some judges give community service with a fine, some do not. Some will let you work off the fine with Sentence to Serve - a sort of county work squad.

If you are not in Hennepin County, email me and I can tell you more about what to expect. If I had more details about your case, I could tell you more. I can be reached at [email protected].

And you can read up on this subject at my web site at http://www.mn-dwi.com.

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Answered on 5/20/07, 9:57 pm


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