Legal Question in DUI Law in Minnesota

I received a 4th degree dui.Was my first offense.I was cooperative. I got pulled over cause I swerved.I blew .076 and .078. I had had 3 beers total in a 7 hour span. And was pulled over a half hour after my last one. What do think will happen in court? Should I get a lawyer


Asked on 6/14/10, 11:05 am

2 Answers from Attorneys

Ross Brandborg Brudvik Law Office

You should get a lawyer, with a test below .08 you have a reasonable case and need to fight the case. But you definitely had more than 3 beers in a 7 hour span.

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Answered on 6/14/10, 2:14 pm
Landon Ascheman Ascheman Law

What will happen in court largely depends on the circumstances of the stop. The prosecutor has their work cut out for them if the readings are correct. The offer could range anywhere from dismissal (highly unlikely at a first appearance) to pleading to the traffic violation (slightly more likely) to pleading to a careless driving charge (more likely) or pleading to the DUI charge (possible but not a good option).

I would strongly suggest you find a lawyer you can work with to get this dismissed, or otherwise favorably resolved. Keep in mind that there are also civil consequences to these charges that a public defender cannot represent you on. (Implied Consent Hearing). Those cases are extremely time sensitive, and if your license has been revoked, I strongly encourage you to seek out an attorney that can challenge the revocation as well.

Feel free to give us a call for more information, or to set up a free initial consultation to review your rights.

ASCHEMAN & SMITH, LLC

Landon J. Ascheman, Esq.

[email protected]

(B) 612.217.0077

(C) 651.280.9533

(F) 651.344.0700

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Answered on 6/14/10, 2:22 pm


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