Legal Question in DUI Law in Minnesota

Dwi

I received a DWI in Minnesota recently, blowing a .17. The reason I was pulled over was because while backing out I bumped a parked car behind me. I was also charged with hit and run as a result. What, if anything, can I do to avoid harsh penalites? And what could those be?


Asked on 8/12/07, 11:56 pm

3 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Dwi

Both of your offenses would be misdemeanors, assuming they are first offenses. A misdemeanor carries with it a maximum of $1,000 and 90 days or both, but most people would not be given anything near that harsh of a penalty. Something much milder would be more common.

You do, however, have enough at risk so that it would be a major mistake to go anywhere near the courthouse without a lawyer.

This response is for general information purposes only and does not create an attorney-client relationship.

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Answered on 8/13/07, 5:54 pm
Derek Patrin Meaney & Patrin, P.A.

Re: Dwi

If this is a first time offense for you, then you should not be too worried about doing jail time. Depending on the county you're dealing with, there is a small chance you could run into a judge that would want a minimal amount of jail, but that chance is very small.

As for other penalties, you want to make sure that you don't enter a guilty plea to both of the charges you are facing. A good DWI defense lawyer will also try to beat the whole case by investigating the evidence available in the case and applying knowledge of caselaw and other strategies to maximize success.

The penalties you are facing would include some probation, a requirement to pay any restitution for damages not covered by your insurance, a fine between $300-500, attending some treatment/classes, and the license revocation of 90 days. It will cost about $700 to get your license reinstated, and you could be eligible for a work permit after serving 15 days of your revocation. And of course, you will have an alcohol incident on your record for the rest of your life, which usually affects your insurnace, employability, and future contact with law enforcement.

Again, this advice is based on the assumption that this is a first time offense for you. If that is not the case, then you need to definitely talk with an attorney directly about your situation for further advice.

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Answered on 8/13/07, 12:18 am
J. Chris Carpenter Harvey and Carpenter

Re: Dwi

DWI questions are quite complex because they involve two sides of the legal world. A DWI has both criminal and civil consequences. On the criminal side you can face jail time, convictions, and fines. On the civil side you will lose your drivers license for a specified period of

time. The amount of time you lose your license depends on how many

dwi's you've had, aggravating factors such as blowing over .20, having kids in the car, and whether or not there was an accident involved.

Therefore, DWIs are very specific to the individual. I would prefer to talk with you in person regarding this issue. Please fee free to contact my office for a free consultation.

Jennifer S. Homer

Attorney at Law

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Answered on 8/16/07, 12:13 pm


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