Legal Question in DUI Law in Minnesota

Although you don't want to hear "get a lawyer" that is what you need to do. These forums don't allow for the in depth look at your case that is generally needed to tell you about your case and what is needed. Other than that, keep track of all your paperwork and the information of anyone that was with you when it happened.

You do need to show up in court. If you fail to show up in court, you could get a warrant for your arrest. It may only be in the State of Minnesota, but it could be valid in Arizona as well. As for your Arizona license, you will need to talk to an Arizona attorney.

If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077

If your blood alcohol level was under a .20, then you will most likely be charged with a Misdemeanor 4th Degree DWI. Because it is a misdemeanor, it may be possible for an attorney to appear in court on your behalf, saving you the time/money/headache of having to personally appear in court. If you do not have an attorney, then you will need to appear in person.

As far as your AZ driver's license, most states have entered into the Interstate Compact, which means a DWI conviction in MN could result in suspended or revoked driving privileges in AZ.

It's always best to get a lawyer. Issues may pop up in your case that an attorney will be able to use to your advantage. If you successfully defend against the DWI charge in MN, you won't have to worry about any driver's license issues in AZ.

Please feel free to contact me at 651-222-6603 if you'd like to further discuss any of these issues.

Thank you for the e-mail.

If you fail to show up for court, a warrant will issue for your arrest and you will be detained any time you are stopped in another state. If you hire counsel, your lawyer can appear for you at the first hearing without your presence.

If you had a Blood Alcohol Content under .20, and you have no prior DWI within the last 10 years, you were 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, you 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 your driver's license. On a first offense over your lifetime, you 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 your license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. 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 analysis 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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