Legal Question in DUI Law in Minnesota

Re: 4th off. dwi

I am sorry to hear about your son's troubles, and they appear to be significant.

Four DWI offenses within ten years would be charged out as a felony under Minnesota law. This is very serious and may carry prison time with it if convicted. 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.

Almost as serious is the fact that the new charge may likely violate probabtion on his prior charges. That means he can be brought back to court on those prior charges and the Judge may sentence him to any amount of time previously stayed.

There is also a civil case that results in the revocation of his driver's license. On a fourth offense, his license will likely be cancelled as inimical to public safty and he would not be able to obtain a license for a period of years and after completing treatment.

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. Obviously, they must present credible evidence at trial that he was operating a motor vehicle and that he did not become intoxicated after he did so. the challenges in that regard appear ripe gien your recitation of events. the may certainly arrest him if there is probable cause to believe he violated the law even if he was notdriving atthe time, the question becomes whether or not there was sufficient indicia of DWI to warrant such a seizure. Additionally, officers must also follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

I have over 17 years of experience with DWI defense including felony offense.

For a Consultation call us at 612.240.8005.

Re: 4th off. dwi

Hopefully some of your son's prior offenses were actually "Underage Drinking & Driving" offenses instead of full-blown DWI's or Test Refusals. If one or more of those priors are Underage D&D's instead of DWI (tested under .08), then your son will not be convicted of a felony. The officers can pursue any criminal investigation they want to, even when a potential victim does not want to file charges, so they had the ability to investigate the potential for a DWI in your son's case. However, there may not have been enough info available to them to arrest him or to ask him to take an alcohol test. Talk to some attorneys and get him the best legal assistance you can afford. It sounds like he has a good case and his history is too complicated to do this without an experienced DWI attorney.