Legal Question in DUI Law in Minnesota

no ticket issued at the time of the incident

I had an accident 5 months ago and when the police came they asked me to take a breathelizer. I refused but had to be taken to the hospital for an injury so I did a UA there. I wasn't issued any tickets but now 5 months later I was sent a letter notifying me I was over the legal limit and have been charged with 4th degreeDWI, careless driving and open bottle. Can they legally ticket me 5 months later? I have since moved out of the state.


Asked on 8/27/06, 11:44 pm

2 Answers from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: no ticket issued at the time of the incident

Yes. The statute of limitations is three years. Five months is well within that.

My contact info is at http://www.mn-dwi.com.

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Answered on 8/28/06, 6:19 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: no ticket issued at the time of the incident

Short answer: Yes. There may be some defense issues that arise due to the delay, however.

It is important to challenge the "implied consent" law, administrative drivers license revocation WITHIN 30 DAYS, or it will forever be too late to do so. You should have a DWI lawyer help you with this. Give me a call if you'd like to discuss.

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Answered on 8/28/06, 6:22 pm


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