Legal Question in DUI Law in Minnesota

Re: second DUI

He could not normally reach a 0.13 blood alcohol concentration, after consuming just one mixed drink containing a one-ounce shot of 80 proof liquor -- not even close. There are many possible explanations, and not enough information provided to determine which are worth pursuing. He should consult a good DWI defense lawyer right away -- before it's too late for him to challenge the administrative revocation on his driving record.

Reasons to rule out would include:

1. He drank more than just one mixed drink containing a one-ounce shot of 80 proof liquor. If so, the case should be defended on other grounds, which are normally more successful anyway.

2. If he drank alcohol within 20 minutes of the second breath test, or otherwise had "mouth alcohol contamination," this could cause a false positive breath test -- reading higher than it should.

3. Numerous other causes can cause a breath machine to make an error -- fever, diabetes, other disease processes, radio interference with the machine, chemicals absorbed by the person at work called "interferents" which the breath machine falsely reads as alcohol. Etc.

There is no good substitute for an office consultation with a good DWI lawyer, to go over more of the facts, and have dialogue.

Re: second DUI

It is unlikely that his BAC reading would be that high with only one drink. it takes some time for the alcohol to absorb into the blood stream. It could indicate a physical problem with his liver

A first time DWI may have serious financial consequences including skyrocketing insurance rates (sometimes $400 per month or more), fines, and alcohol assessment and treatment costs. Though you will receive a number of letters from lawyers in the mail trying to frighten you about jail time, should not believe all those claims.

It is, first of all, importantly to recognize that a DUI is actually two cases in one. There is a criminal case which may result in jail and fines and a civil case which results in your license suspension. These matters are heard in separate proceedings with separate prosecutors even though the defenses to each are nearly the same.

On the criminal side: A first time DUI with a Blood Alcohol Content (BAC) below .10 is a misdemeanor and has maximum penalties of $1,000 fine and 90 days in jail. Those maximums are never imposed if you are found guilty.