Legal Question in DUI Law in Minnesota

Thank you for the question.

The result oftend depends on the strength and aggressiveness of your defenses.

It can often be argued that the results of a breath test, particularly a portable breath test given at the scene, are statistically insignificant. It provides a defense to the charge particularly where there is no other reliable indicia of alcohol consumption.

For a consultation call 612.240.8005.

The officer would have to be able to testify that he smelled the odor of alcoholic beverages on your breath, that you looked like you had been drinking or that he had some other reason to ask you to take the test. If the officer has notes or reports that say that he observed you and suspected that you had been drinking it may be a tough case for you to win. The breath test that he gave you generally has a margin of error. If you truly were not drinking you may want to consider hiring an attorney. Your attorney should be able to get the calibration log for the portable breath test unit and you may have a good defense. If you are convicted of the offense of Under 21 Drink and Drive it may result in fines, probation, or community service hours and you could lose your driver�s license for 30 days or longer if you had previous offenses.

I am a former police officer and have great insight on this type of matter.

Please call for a free consultation.

Tim Stone (Associate Attorney)

Phone507.625.3000