Legal Question in DUI Law in Minnesota

Are you certain they did not start a driver license revocation? I only ask because you only have 30 days to contest the revocation, they would have given your husband paper work on the suspension.

They drew blood, and you would not know the results of the test yet, but they will be looking for drugs, prescription drugs, and/or alcohol.

If he were to plead guilt to 4the degree DUI, he would then certainly lose his license, based on the conviction.

I also have dealt with many unreasonable prosecutors when contesting DUI in Minnesota, it i is my recommendation that you hire an attorney because the long term consequences can be heavy....loss of drivers license, increased insurance, fines and fees...etc...

Thank you for the post.

His license would not have been revoked if the test performed was a blood or urine test. It would be revoked if the test results come back with a blood alcohol test in excess of .08. Even with a test under .08, criminal charge s may proceed if the prosecutor believes the alcohol content affected driving. He would be wise to hire a lawyer in such a case where defenses appear strong.

If he had a Blood Alcohol Content under .20, and has no prior DWI within the last 10 years, he may be charged with a fourth degree offense. This is still serious and carries with it maximum criminal penalties of up to 90 days in jail and a $1000 fine. If convicted any subsequent DWI offense would be much more serious and with four offenses in ten years, he can be charged with a felony. As a result, as strong defense on the first alleged incident can be critical to your future. Different Judges give different sentences. Accordingly, 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 over your lifetime, he may be revoked for 30 to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge the license revocation, he must seek a judicial review by filing a petition within 30 days of the offense. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. A failure to challenge results in an Implied Consent violation on your record which can also affect employment and may be used to enhance any subsequent DWI offense.

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