Legal Question in DUI Law in Minnesota

Re: dwi minnesota

Thank you for the inquiry.

The officer need not show a person the results of a preliminary breath test. Many tests will simply indicate a fail rather than a blood alcohol level. However, it does call into question whether there was probable cause for the arrrest. The test at the station is much more unusual. Normally, a printout from the intoxilyzer would have been provided if the driver was able to provide a sufficient breath sample. The police reports must be reviewed to determine what occurred and, at some stations, a video tape may also be available.

If your son had a Blood Alcohol Content under .20, and you have no prior DWI within the last 10 years, he was charged with a fourth degree offense. This is still serious and carries with it maximum criminal penalties of up to 90 days in jail and a $1000 fine. If convicted any subsequent DWI offense would be much more serious and with foru ofenses in ten years, you can be charged with a felony. As a result, a strong defense on the first alleged incident can be critical to your future. Different Judges give different sentences. Accordingly, 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 his driver's license. On a first offense over his lifetime, he may be revoked for 30 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. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. A failure to challenge results in an Implied Consent violation on your record which can also affect employment and may be used to enhance any subsequent DWI 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.

For a Consultation call us at 612.240.8005 or visit dwicounsel.com

Re: dwi minnesota

Though the question is not clear, it appears you are wondering why police don't share the PBT and the infrared breath machine report(s) with the suspect? One reason may be that they fear that the person might be less cooperative if they knew. I am not aware of any clear law on this point, saying police must disclose it. Still, they might be a defense argument that the accused's rights are violated if police do not share that information since the PBT could give a rough idea whether the person might get a readig over 0.20 or more, with more severe penalties. Normally there are better defense issues, however.

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