Legal Question in DUI Law in Minnesota

Re: DWI charges

The first question to ask is "what is at stake?" In a DWI case with no accident or other aggravating factors (such as 0.20 or higher test claim), the defendant is unlikely to be sentenced to much, if any, executed jail time.

But, having an alcohol-related event on your drivers license record can cost many thousands of dollars, month after month, year after year. Major increased expenses include, not only high risk auto insurance premiums for minimal coverage, but also numerous fines and fees, and costs related to having a criminal conviction record, a alcohol-related drivers license revocation. These include impacts on employment, health insurance, etc.

It is possible to retain a good DWI defense lawyer, challenge in court the administrative revocation of your drivers license if done within 30 days, get that rescinded off your drivers license record, and avoid an alcohol-related conviction. If done, this could save you thousands, perhaps tens of thousands of dollars over a five year period alone. DWI laws today are complex. Only an experienced, motivated DWI defense lawyer can help you effectively fight and win one of these cases.

Without a good DWI defense lawyer you have virtually no chance of winning, in that way. You can't win unless you try to win.

A typical first time DWI case usually involves two legal cases: the drivers license "implied consent" license revocation; and second, the DWI-criminal case.

The implied consent law is set up so that you automatically lose unless you (your lawyer) files a court challenge within 30 days. If you do, only then will you get a hearing in court in that case. There are many, expensive, consequences of having a an implied consent DWI violation on your drivers license record.

In the other case, the criminal DWI case, most first time DWI criminal charges are misdemeanors, with a 90 and $1,000 maximum penalty, but generally close to no jail time executed and several conditions of probation.

FFI: http://www.liberty-lawyer.com/dwiduidrivingrelated

or call me.

Re: DWI charges

To a certain extent that depends on where it happened, which county. Unless there is a stop issue, there is not a ton you can do with these. Contrary to what a lot of people may tell you, the "source code" defense is usually a non-starter for many reasons. An attorney can often assist with handling an unfamiliar process and can sometimes mitigate your damages and even jail time. Feel free to contact me on my e-mail if you have further questions about this.

Re: DWI charges

Thank you for the e-mail.

If you 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, you were 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 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 first offense, you 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 you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense.

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 from 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