Legal Question in DUI Law in Minnesota

Re: DUI, Fleeing an Officer

I'm gald to hear you have a lawyer because you sure need one. Fleeing the officer would I believe be a misdemeanor. The DWI is a gross misdemeanor. Gross misdemeanor DWI carries with it a mandatory minimum sentence of 30 days, two of which have to be servied consecutively in jail. The other 28 days can be served on electronic home monitoring if you are lucky.

Your record might be considered on the question of whether home monitoring is for you - or would a work release program at the jail be more like it.

Blackouts are a prime indicator of alcoholism. You should get to a counselor and get evaluated as to the extent of your drinking problem. You should probably look into starting an outpatient treatment program as soon as possible, before you get ordered to an in-patient program when you get out of jail.

If you are in an inpatient program that would be messed up by jail, you are more likely to get home monitoring.

If you were my client I would want to try and get your charge reduced to a misdemeanor DWI to avoid the mandatory sentence - but the fact that you were also fleeing makes that harder.

Good luck. Pay your lawyer. Whatever he or she charges will be worth it.

Re: DUI, Fleeing an Officer

I would need to know a little more information about your criminal record, what county you received the charge in, your age, and how long you spent in jail on the offense before I could adequately answer this question.

Please feel free to contact my office with further questions. Thanks!

Jennifer S. Homer

Attorney at Law

Phone:15076253000

Re: DUI, Fleeing an Officer

Your fleeing charge will be a felony-level offense since you were in a motor vehicle. This combination of charges happens a lot, since people hope they might be able to get away and avoid a DWI. Usually they don't get away though. Since you have a prior criminal record, that flee charge could become a big problem. Usually in these types of cases, I will argue that a person needs to actually have the INTENT to flee before he can be found guilty. Since you don't even remember the incident, I would argue that you did not have the ability to form the necessary intent at that time. The DWI will also be a problem, but there is no mandatory minimum jail sentence for a first time DWI. Even with a high test result. I have successfully settled cases just like yours with the felony charge dropped and no time in jail. I can't guarantee that in every case like yours, but it certainly is possible. Make sure your attorney has experience with DWI charges, not just criminal cases in general. There are many issues that are unique to DWI cases, and not every lawyer stays current on them.