BWI 2nd Offense
I was reading your response to a question posted by another offender (on lawguru), the situation is very similar to mine. I was convicted of my first DWI offense in 2005, I was on probation until 7/18/08 (in Sherburne county). On 7/26/08 I was out on lake Minnetonka with some friends (on my boat), at 8:30 PM we were flagged down and pulled over by a sheriff for expired tags, after giving the sheriff my ID and the requested info he asked me to submit to a PBT (said he could smell alcohol), I felt completely sober and knew I had only consumed about three drinks in three hours so I submitted to the test. He said that I failed the PBT test but confirmed that I did not seem intoxicated and appeared perfectly fine, he then said he would like me to try again because he would like to let me go. I submitted to 2 more PBT�s both of which I failed, he then brought me to the sheriff station where I was asked to take the intoxilyzer, I did and blew a 0.11. what I would like, is to resolve this with as few issues as possible, preferably no jail time and short probation and driving suspension.
2 Answers from Attorneys
Re: BWI 2nd Offense
Your issues are twofold.
First, you have the criminal matter. You have been charged with a misdemeanor which is punishable by up to 90 days in jail and a $1000 fine. Since you have a prior DWI od=ffense, your chances of having a Judge sentence yu to jail are increased.
Second, your drivers license will be revoked based on this second alcohol violation. To prevent this loss, you must ile a Petition for judicial review within 30 days of your notice of that revocation. The defenses are largely the same as the defenses to the BWI.
For a FREE consultation to discuss the particulars of your case, you can reach me at 612.240.8005.
Re: BWI 2nd Offense
Your situation is different from the question that was posted recently because it is your second offense. If I understand correctly, this is just as if you had been arrested driving a car - and it counts as a second offense.
This is a bad position to be in and should not be faced without a lawyer.
This is for general information purposes only and does not create an attorney-client relationship.
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