Legal Question in DUI Law in Minnesota

Re: No charges yet?

Thank you for the inquiry.

the statutes of limitations are a term of years, not months and, for a misdemeanor, it would be at least two years.

A third DWI in ten years is a very serious offense. At a minimum, it is a second degree offense. A second degree offense is a gross misdemeanor which carries with it maximum possible penalties of a year in jail and a $3,000 fine. If convicted, there are also mandatory minimum sentences. That means the least amount of jail time you would serve is likely to be 90 days in jail with at least 30 of those days in the workhouse. Obviously, penalties may be significantly greater. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county.

A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation. This MUST occur within 30 days after you were ticketed. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime. In that judicial review, the challenges are the same as those made in the criminal case.

There are also additional consequences to a second degree offense including skyrocketing insurance rates, plate impoundments and vehicle forfeitures. This means you could lose your vehicle without receiveing any compensation.

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. In your case, the stop of your vehicle appears very suspicious.

For a consultation call 612.240.8005 or visit dwicounsel.com

Re: No charges yet?

If your fiance already received a notice of his driver's license being revoked, you should both talk to an attorney ASAP. His deadline to challenge the license revocation expires 30 days after he receives notice of the revocation, which means even if no criminal charges ever come about, your fiance will still have a "DWI" incident on his record for insurance, law enforcement, and record background check purposes.

To answer your question, the statute of limitations for charging DWI cases is usually two years. I'm guessing that your fiance either got arrested by a State Trooper or the arresting officer did a blood/urine test. Those are the most common reasons for delays this long in Hennepin County.