How screwed am I?
I recently received an Under 21 drinking and driving and allowing an open container with a pbt of .072. I was followed into the parking lot of a gas station and questioned there about an assault that occurred just north of the town where I had been seen driving from. Does it matter that I wasn�t pulled over for suspicion of drinking and driving and that I was put under arrest but not read Miranda rights? Should I get an attorney and what penalties will I be facing? Do first time offenders lose their license for 30 days or is it now a year also?
2 Answers from Attorneys
Re: How screwed am I?
The stop should be analyzed by an attorney by reviewing all available police reports. However, if you pulled into the gas station, the officer did not stop you and could make an inquiry.
If that inquiry resulted in observations that probable cause may exist for a crime, the officer may proceed further on the issue of alcohol consumption.
The license revocation is likely to be 180 days. For a consultation call us.
Re: How screwed am I?
I think you should be without a license for 30 days, longer if you plead guilty to both charges. During that time, you should be eligible for a limited license.
There is a lot of confusion about the not-a-drop law. I have attempted to unscramble it at http://www.mn-dwi.com/underage.html.
You better get a lawyer, because you need help negotiating away one of the two charges.
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