Legal Question in DUI Law in Minnesota

Re: Dui

Thank you for the e-mail.

A third DWI in ten years is a very serious offense. At a minimum, it is a second degree offense. A second degree offense is a gross misdemeanor which carries with it maximum possible penalties of a year in jail and a $3,000 fine. If convicted, there are also mandatory minimum sentences. That means the least amount of jail time you would serve is likely to be 90 days in jail with at least 30 of those days in the workhouse. Obviously, penalties may be significantly greater

A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation. This MUST occur within 30 days after you were ticketed. In that judicial review, the challenges are the same as those made in the criminal case.

There are also additional consequences to a second degree offense including skyrocketing insurance rates, plate impoundments and vehicle forfeitures. This means you could lose your vehicle without receiveing any compensation.

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. Some of the challenges include:

� 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: Dui

You might want to read up on this subject at http://www.mn-dwi.com.

Re: Dui

Minnesota Statutes Chapter 169A contains most of the statutes regarding DWI cases. The DWI crimes are ranked by "degrees," depending upon the presence of "aggravating factors." A prior impaired driving incident (conviction or license revocation) within the past ten years is one of the "aggravating factors." If an accused had two prior DWI "impaired driving incidents" within the past ten years (two aggravating factors), they could be charged with "Second-degree Driving While Impaired." The maximum penalty for that is one year jail and $3,000 fine. The "mandatory minimum" penalty for a third offense within ten years is 90 days incarceration, at least 30 days of which must be served consecutively, or "a program of intensive supervision" and a minimum of six days jail.

In addition to the criminal case, you should retain a lawyer to also help you challenge the drivers license ("implied consent") revocation in court, within 30 days or it will be too late. Also, with a charged third DWI in ten years, often there will be a plate impoundment which can be challenged in court; and a motor vehicle forfeiture which can be challenged in court. These should also be done within 30 days.

Discuss these with a good DWI-criminal defense lawyer as soon as possible. Time limits to take legal action are short in these cases.

Re: Dui

Third DWI in five years: statute says

'minimum 90 days of incarceration, at least 30 days of which must be served consecutively", or participation in a highly intensive probation program. This program might still require 90 days in jail. Not all counties have the program.

Some judges will stagger the 90 days. Some of those judges might waive the last part of the defendant does well on probation.

Herbert C. Kroon

Chesley, Kroon, Chambers, Harvey, and Carpenter Attorney at Law

75 Teton Lane

P. O. Box 327

Mankato, MN 56003-0327

(507) 625-3000

fax: (507) 625-2002