Legal Question in DUI Law in Minnesota

Re: license extension

Typically after a DWI arrest, the police officer (or jailor, upon release) hands you a "Notice of Revocation and Temporary License" which revokes your license seven days after the date of arrest. There are different situations, but this is the most common. Read that Notice.

Also, in many metro counties, the courts have a "slow track" implied consent calendar. Suffice it to say for now, if you retain a DWI defesnse lawyer like me in one of those counties, you typically can get your license temporarily reinstated until the outcome of the "implied consent" civil drivers license revocaiton case (which is separate from the criminal DWI case). You have (your lawyer has) only 30 days whithin which to serve and file the appropriate legal papers to get that process started. If you miss the 30 days deadline, it will forever be too late.

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

of call me.

Re: license extension

The answer may depend on the county in which it occurred. In Hennepin and ramsey counties, you can challenge the license revocation in court and, while the case is pending seek imeediate temporary reinstatement. In other counties you would have to wait for your hearing, which would occur within 60 days.

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.

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