Legal Question in DUI Law in Minnesota

Re: DWI - 4th Degree

Thank you for the inquiry.

If you had a Blood Alcohol Content over .08 and it is your first DWI within 10 years, you were charged with a fourth degree offense. This is very serious and carries with it maximum criminal penalties of up to 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. When you are ticketed, you are generally given a temporary license which is valid for seven days. After that seven datys, your license is revoked. 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 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.

� 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: DWI - 4th Degree

The penalties will vary slightly from county to county. Generally you can expect to be on supervised probation for 2 years, paying a fine of 300-500 dollars plus other fees, getting an alcohol assessment and complying with its recommendations, and perhaps some community service. Also, your license revocation is for 90 days and it starts 7 days after the officer gave you the notice revoking your license. There are some ways to get this reduced, and sometimes postponed. You will be eligible for a limited license for work or school after you complete 15 days of your revocation. For more specific details about your individual situation, you should seek a free consultation from a good DWI lawyer.