Legal Question in DUI Law in Minnesota

Re: drop a dui to a rckless driving

You might want to take a look at http://www.mn-dwi.com.

Re: drop a dui to a reckless driving?

Breath machines used to measure alcohol are coarse instruments, often inaccurate -- I agree. If he goes to court in the criminal case without a good DWI defense lawyer, he will not be able to get the criminal charge reduced. Also, if he fails to file a challenge to the drivers license ("implied consent") revocation within 30 days, he won't even get a court date in that case, and will automatically lose that case completely. He will need a good DWI defense lawyer to help him challenge that case as well. When I represent people in DWI cases, I help my clients fight the criminal charges, as well as the "implied consent" drivers license revocation (as well as other related cases, for some - license plate, car forfeiture, etc.).

In order to keep his drivers license record alcohol-free, he must (1) win the implied consent case; AND, (2) avoid an alcohol-related conviction in the criminal case. I have helped many past clients do just that.

Call me if you think you'd like to discuss my helping your son.

Re: drop a dui to a rckless driving

A prosecutor is unlikely to reduce the charge unless there is some risk at trial. In short, an aggressive defense is important. It is also important to remember that a DWI is really two cases in one. There is a criminal case and a civil case.

If your son 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, he was 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 the 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 his driver's license. On a first offense, he 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 the license revocation, he 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 fro true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

For a Consultation call us at 952.746.2153.

Re: drop a dui to a rckless driving

Your son can always ask the prosecutor to reduce it to a Careless from a DWI. But, it is .02 over the limit, and many prosecutors would be unwilling to do this, especially if the driver doesn't have an attorney.

Prosecutors feel quite comfortable about the validity of the Intoxilizer 5000, the machine that police use now days.

Let me know if I can be of any further assistance.

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Chambers, Harvey & Carpenter [email protected]