Legal Question in DUI Law in Minnesota

DWI Explaination

I just recieved a summons for a 4th degree DWI with no court date. This being my first offense.

What does this mean and should I be looking for a lawyer?

Thank you.


Asked on 9/21/07, 9:30 am

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: DWI Explanation

A typical first time DWI case usually involves two legal cases: the drivers licnese "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 lciense record.

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

You cannot win unless you hire a good DWI lawyer and fight both cases. Call me if you wish to discuss.

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Answered on 9/21/07, 5:33 pm
David Kelly-952-544-6356 Kelly Law Office

Re: DWI Explaination

I have a whole site devoted to answering your question at http://www.mn-dwi.com.

A summons for a first offense seems unusual to me. Those are usually issued in situations where there was a blood test and the police had to wait for the results - so I have to assume that there is a lot more to your story than you indicate.

What this means depends on a lot of variables. It means you are charged with a misdemeanor punishable by 90 days or $1,000 or both. It means you will probably not be driving for a while. No license.

And it means you need a lawyer. Get one right away before you start making mistakes that you can't undo.

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Answered on 9/21/07, 9:49 am


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