Legal Question in DUI Law in Minnesota

Re: dui

Thank you for the e-mail.

If you had a Blood Alcohol Content over .20, you were charged with a third degree offense. This is very serious and carries with it maximum criminal penalties of a year in jail and a $3000 fine. If convicted there are also 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.

There is also a civil case that results in the revocation of your driver's license. On a third degree offense, you may be revoked for up to six months. 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 fro 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.

Re: dui

For additional information about this you might want to check out my web site at http://www.mn-dwi.com.

Going to rehab is usually a good idea and looked upon favorably by the judges. Hiring a lawyer is also looked upon with favor, because it indicates that you are taking matters seriously.

Re: dui

The most important and valuable thing you can do to recover from the trauma of a DUI arrest is to retain the best DUI defense lawyer you can, as soon as possible. Time is of the essence, since you only have 30 days to get key papers served and filed in court, or it will forever be too late to keep your drivers lciense record clean of alcohol -- to give one example.

It can't hurt to go to rehab, if you need it. I advise people to go if they truly need, and to go for that reason. Don't go just in the expectation it will help in court, because it won't matter much there. Where it will matter is saving your life, if you do need it.

Call me if you'd like to discuss retaining me.