Legal Question in DUI Law in Minnesota

Re: dwi 4th degree 1st offence

Thank you for the post.

Whther you can plead the issue down depends on the particular facts of the case and the potential weakenesses. There is also the separate civil case of license revocation.

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 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 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.

Re: dwi 4th degree 1st offence

The more important question is "do you have any time left in your 30 day time limit to serve and file a court challenge to the 'implied consent' license revocation?" If you don't do that, or if it's too late, then it may not matter much whether you can plead to a non-alcohol related criminal charge.

In practical terms, to get a good result, you'll need a good DWI lawyer, like me.

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

or call me.

Re: dwi 4th degree 1st offence

That depends on lots of factors not included in your question. The most important consideration is the breath test reading. Usually in Hennepin County, most cases where the reading is .10 or less will be reduced to careless. Not all cases, but most.

I hope your case was not in Richfield, because the prosecutor for that town reduces very few.

Your chances of getting the charge reduced are always better if you have a lawyer. You must also very quickly decide if you are going to file an implied consent petition. Your right to do so disappears in 30 days.

This response is for general information purposes only and does not create an attorney-cleint relationship. I recommend that you consult the attorney of your choice concerning the details of your case.