Legal Question in DUI Law in Minnesota

Re: DMV laws

When you are licensed in another state, Minnesota can only revoke your privilege to drive within the borders of Minnesota. However, the Minnesota revocation will be reported to Arizona electronically. Most states do not act upon just a license revocation, but a few do. If you are convicted on the related DWI criminal case, that conviction will also be electronically sent to Arizona, and ALL states will act on that. My advice to people in your situation is usually to seek licensure in Minnesota before this matter is finished. That way, Arizona will not have the authority to hit you with the "double whammy" of a second license revocation. Aside from these strategic concerns, it's always a good idea to seek individual advice from several DWI defense lawyers. Keep talking to them until you find someone who you are comfortable will do the best work for you.

Re: DMV laws

Thank you for the e-mail.

If you received a DWI in Minnesota, your driving privileges in Minnesota were rvoked,. Your driving provileges in Arizona are still valid if you have an Arizona license. However, it is likely that the offense will be reported to Arizona and your license will be revoked there as well.

If you had a Blood Alcohol Content over .08 but under .20, and if you do not have a prior DWI within 10 years of the current offense, you were charged with a fourth degree offense. This is a misdemeanor and carries with it maximum criminal penalties of 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 is also a civil case that results in the revocation of your driver's license. On a first offense, you may be revoked for up to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the 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.

� 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.

For a Consultation call us at 612.240.8005 or visit dwicounsel.com

Interstate Compact on Drivers Licenses -- Re: DMV laws

If you are arrested for DWI in Minnesota, and fail to fight and win BOTH the administrative drivers license revocation within 30 days, AND all alcohol-related criminal charges, then your Minnesota right to drive will be revoked. Minnesota's Department of Public Safety will then notify the drivers licese agency of the state issuing your current drivers license, which normally would then revoke your drivers license there based upon their laws, for the same incident.

The solution is to retain a good DWI defense lawyer (like me) to fight and win both cases in Minnesota (well within the 30 day deadline).