Legal Question in DUI Law in Minnesota

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If he had a first offenseDWI with a blood alcohol content below .20, he was 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 may be charged with a felony. As a result, as strong defense on the first alleged incident can be critical to anyone's 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.

It is not a defense that he was not booked after his arrest. Often defendant's are rreleased and booked before or after their first court date.

There is also a civil case that results in the revocation of his driver's license. On a first offense over a 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 his 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 his license revoked. A failure to challenge results in an Implied Consent violation on his record which can also affect employment and may be used to enhance any subsequent DWI offense.

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.

Even more compelling, on April 30, 2009, the Minnesota Supreme Court issued a decision related computerized source codes of breath testing devices that has added a new facet to the DWI defense attorney's ability to seek a dismissal of DWI charges by suppressing any breath test results.

Other points of a defense anaylsis include:

� 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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