Legal Question in DUI Law in Minnesota

Re: Bwi

Your driving record WILL be affected by a BWI, although you will not lose your driving privileges upon conviction. The Department of Public Safety will place a notation on your driving record that you had this incident, and you will only lose your boating privileges this time around if you're convicted. However, if anything like this should happen to you again in the next ten years (in a car, boat, ATV, etc.) then you will lose your driving privileges at that time as if it was a second offense. Your current incident will also be able to be used as an "aggravating factor" for a subsequent impaired driving incident, which increases the level of charge from a misdemeanor to a gross misdemeanor. Obviously, nobody plans on getting another impaired driving charge, but I'm sure you didn't plan on getting this one either, right? It's definitely worth your time to talk with a seasoned DWI attorney about this incident before you ultimately decide what to do. And yes, it will be helpful that you were cooperative with the police when it comes to sentencing, but not when it comes to getting charges reduced or dismissed. You need to challenge your case for that to happen. Again, talk to a few DWI attorneys before you decide how to handle this matter.

Re: Bwi

Contrary to common perception, a BWI will appear on your driving record. It will not,however, result in the revocation of your driving privileges on a first offense. On a second offense, a revocation would occur.

The BWI charge can be significant. It is a misdemeanor and is punishable by up to 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.

There are also additional consequences to a conviction including skyrocketing insurance rates.

There are many challenges to a BWI. 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 boat while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

� Procedures. 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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