Legal Question in DUI Law in Minnesota

Re: Driving while intoxicated

Thank you for the post.

If your son is charged with a third degree offense, it may mean that he had a Blood Alcohol Content over .20, or that he refused a test to determine his blood alcohol content. The charge is a gross misdemeanor with maximum criminal penalties of a year in jail and a $3000 fine. If convicted there may be mandatory minimum penalties of $1000 and 30 days in jail. 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.

On a 3rd degree offense, the court often sets bail at $12,000. That is likely why your son is being held. A bondsman can post that bail to allow your son's release. We can certainly assist with that.

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.

For a Consultation call us at 952.746.2153.

Re: Driving while intoxicated

I am sorry to hear about your son. My son was arrested once too, and it was very painful. For him to have a third degree,there has to be an agravating factor, such as scoring over .20 on the test. Having a young child in the car will do it too. You might want to look at my stite: http://www.mn-dwi.com.

If your son was underage, I have a page on my site on that subject. Under 21 drinking and driving results in a very tricky set of charges, and under 18 involves convoluted laws too.

I usually recommend Goldberg bonding for the bail bond if they require one. A $12,000 bond should cost $1,200.00. That's a lot of money, but the alternative is usually electronic home monitoring, and that can cost at least $15 per day and go on for months. Some prefer the monitoring, especially if it involves a person with such a serious drinking problem that they may hurt themself or others.

I like to have my clients evaluated for alcohol and drug problems by a professional counselor. I need to know what I am dealing with, and the judge will eventually require it anyway.

All I can say is good luck, and I'll be glad to speak with you if you like. My contact info is on my site at http://www.mn-dwi.com.