Legal Question in DUI Law in Minnesota

Thank you for the e-mail.

You should hire legal counsel for this very serious matter.

If you had a Blood Alcohol Content over .20, or if you have a second DWI within 10 years of a first, you were charged with a third degree offense. This is very serious and carries with it maximum criminal penalties of one year in jail and a $3000 fine. If convicted there are also mandatory minimum penalties of $1000 and 30 days in jail. 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 third degree offense, you may be revoked for up to six months. 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.

Other points of a defense analysis include:

� 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.

I have more than 19 years of experience in defending against DWI charges. We have affordable legal fees and provide aggressive representation.

Call for a FREE Consultation call us at 612.240.8005.

Yes, if you retain a good DWI defense lawyer and fight it, you could win. You should discuss your situation on the phone or in person with a DWI lawyer, since many factors could affect the outcomes. Two basic, important points: 1. You only have 30 days after notice of revocation of license to request a court hearing or it will be too late. 2. A second DWI conviction in ten years will generally trigger the 30 days jail mandatory minimum. Again, you'd be wise to consult a good DWI lawyer (like me) for a dialogue about what you are facing and what can be done.

Depending on the facts of your specific case you may be able to avoid jail time. Obviously, if you are found not guilty you would not have to do any jail time or face any other penalties. If the prosecution has a strong case against you, an attorney may be able to negotiate a deal that would keep you from having to do actual jail time or at least a minimal amount.