Legal Question in DUI Law in Minnesota

At a .09 first offense, there may be a possibility to change the charged offense to a careless driving. It is important for you to speak with a criminal defense attorney to explain your rights and your options.

Many criminal defense attorneys will offer free consultations. It is well worth your time and effort to discuss your case with them. If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077

Yes. You would be wise to file a court challenge to the administrative ("implied consent") license revocation in Minnesota, in order to prevent it from also going on your North Dakota license record. You have only 30 days from the notice of revocation to do so, or it will forver be too late.

In the separate, criminal-DWI case, with a .09 claimed alcohol level, I have generally been able to get the charge reduced to Careless Driving or better.

Bottom line: you would be well advised to retain a good DWI defense lawyer (like me), quickly. Start by calling on the phone.

Thank you for the post.

You would be wise to hire counsel. A first offense DWI with a BAC under .20 is a misdemeanor . 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, you 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, you 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 your license revocation, you 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. The license revocation in Minnesota will be reported to the State that issued you license and, in most instances, your license in North Dakota would be revoked based on that state's laws as well.

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.