Legal Question in DUI Law in Minnesota

Thank you for the e-mail.

Your property is not subject to forfeituire just because it was in the vehicle and it may be retrievd from the vehicle with police consent. I will address some of the general issues related to DWI and your specific uestions below.

The Criminal Case of DWI

A third DWI in ten years is a very serious offense. At a minimum, it is a second degree offense. A second degree offense is a gross misdemeanor which carries with it maximum possible penalties of ONE year in jail and a $3,000 fine. If convicted, there are also mandatory minimum sentences. That means the least amount of jail time you would serve is likely to be 90 days in jail with at least 30 of those days in the workhouse. Obviously, penalties may be significantly greater. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county.

License Revocation or Cancellation - The Implied Consent

A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation. This MUST occur within 30 days after you were ticketed. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime. In that judicial review, the challenges are the same as those made in the criminal case.

Plate Impoundments, Forfeitures and B cards

There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures. A vehicle forfeiture means that the city or state may take your vehicle without paying you anny compensation for it. You may also be issued a "B" card which has a lifetime restriction on ANY consumption of alcohol if you wish to obtain and retain a driver's license.

Defenses on a DWI Case

There are many challenges to a DWI. The defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence.

The fact is that Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

**SOURCE CODE DEFENSES APPROVED BY MINNESOTA SUPREME COURT!!**

Even more compelling, on April 30, 2009, the Minnesota Supreme Court issued a decision related computerized source codes of breath testing devices that has added a new facet to the DWI defense attorney's ability to seek a dismissal of DWI charges by suppressing any breath test results.

Other points of a defense anaylsis 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 over 17 years of experience handling DWI and DUI cases throughout Minnesota. We have affordable rates and aggressive representation.

For a FREE Consultation call us at 612.240.8005.