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1. Horton Law Offices: Common Questions Regarding a DWI or DUI Charge in Minnesota Will I have to go to jail if I'm convicted of DWI or DUI in Minnesota? It depends on the degree of your DWI charge. The Minnesota Legislature has mandated jail time for defendants with multiple DWI convictions or License Revocations. How long will I lose my DriverÕs License if IÕm convicted of a DWI or DUI in Minnesota? First time Minnesota DWI or DUI offenders could lose their driver's license for up to 90 days, but factors to consider are your Blood Alcohol Concentration (BAC), age, number of priors and if you were charged with a test refusal. You can lose your driverÕs license in Minnesota based on a criminal conviction for a DWI, DUI or for a driverÕs license revocation. I think the Police Officer did not have probable cause to stop my vehicle before I was charged with a DWI or DUI in Minnesota? A police officer needs only Reasonable Articulable Suspicion (RAS) in Minnesota to stop your vehicle prior to charging you with a DWI or DUI, which is less than probable cause. Should I take the sobriety test? Always take the sobriety test. ItÕs a crime for any attorney to advise you not to take the test in Minnesota because they would be advising you to commit a crime, even if the test would bring a DWI or DUI charge. But, I already took the test on the road in Minnesota? You took a portable breath test (PBT), which was used by the police to determine if you should be arrested for a DWI or DUI. What is the difference between DWI and DUI in Minnesota? * A Minnesota DWI charge alleges that you were driving a motor vehicle while having a blood alcohol concentration (BAC) over .08. * A Minnesota DUI charge alleges that you were driving a motor vehicle while under the Influence. * 95% of people are charged with both DWI and DUI in Minnesota. The theory for both a DWI and DUI charge in Minnesota is that some people can be over MinnesotaÕs BAC limit of .08, but not be driving under the influence. In other words, they have alcohol in their system, but are driving just fine. Conversely, someone could be driving a motor vehicle with a BAC below the legal limit of .08, but be under the influence of alcohol while driving. Has my driverÕs license already been revoked? You will be issued a seven day temporary driverÕs license the day your driver's license is revoked by a police officer in Minnesota. You have 30 days to challenge the driverÕs license revocation for a DWI or DUI. Can I check the status of my driverÕs license? Yes, go to the driver's license status page and enter your driverÕs license number. How much does your office charge? Each DWI or DUI charge in Minnesota is unique. Each DWI or DUI charge has its own specific facts that affect the outcome of the case. Some factors our office considers are the number of priors, degree of offense, Blood Alcohol Concentration Level, accompanying charges, age of defendant, if you want to challenge the license revocation, and the complexity of the case. If you were charged with a DWI or DUI in Minnesota, stop reading and call Horton Law Offices, where all your legal answers are just a phone call away.
2. Batizol, Joyce: DUI/OUI (1st, 2nd, 3rdÉ) Summary Suspension Hearings Moving Violations Suspended and Revoked Licenses Seat Belt Violations Speeding Reckless Driving Driving Without a License Secretary of State Hearings Judicial Driving Permits Restricted Driving Permits
3. Hoffman, Stephen: DUI Offenses are Treated Very Seriously in Illinois! As of January 1, 2009, the laws in Illinois became among the toughest in the country as far as driving under the influence. Many have read briefly the summary in the newspaper of the ÒnewÓ DUI laws. Few people realize just how stringent they are and how draconian some of the penalties can be. Even if you are ÒonlyÓ a first-time offender, you can rack up fines and costs well in excess of $3,000, without even including the cost of a lawyer! In fact, it is now nearly impossible to walk away from a first offense, plead guilty, receive Court Supervision and go about your life as it was before. Now, the first offense of DUI to which you are convicted of or plead guilty is a Class A Misdemeanor, which means up to a year in jail and up to a $2,500 fine. This does not take into account courtroom fees, a DUI tech fee of $500.00, or other charges, or the cost of a lawyer. You will also lose all driving privileges for a minimum of three (3) months. But it gets even worse! Now, even for a first offense it is now mandatory that you have a BAIID (Breath Alcohol Ignition Interlock Device) installed in your car, once you are eligible to drive again (usually three months for a first-time offender). Not only will your vehicle not start if there is alcohol in your system, this system costs money to install and maintain, which you are required by law to pay. Oh, this offense cannot be expunged (erased legally) from your criminal record and your automobile insurance rates are certain to increase. There shouldnÕt be a need for any more incentive not to drink and drive!
4. Macey & Stearns: DRIVING UNDER THE INFLUENCE (DUI / DWI) Driving Under the Influence (DUI), also known as Driving While Intoxicated (DWI) is a very serious charge which can cost you your driver's license, increased insurance rates, thousands of dollars in legal fees and even jail time. A conviction for DUI / DWI will drastically affect the rest of your life. Anyone who has too much to drink, or uses impairing drugs, and gets behind the wheel of a car can be arrested and charged with a DUI / DWI. If You've Been Charged With Illinois DUI - What Should You Do? It is very important to consult with an experienced Illinois DUI attorney before you go to court. How you plea can affect your ability to have the evidence later removed from your record.
5. Bernardi, Natalie: Driving Under the Influence of Alcohol is a serious offense in Illinois. Both criminal and civil penalties for Drunk Driving can be harsh. They can include large fines, jail or prison time, substance abuse treatment, the loss or suspension of a license, community service, a criminal record, and in some cases restitution. If you have been charged with DUI it is in your best interest to review your options and rights as soon as possible with an experienced drunk driving attorney. DUI law is extremely complex in Illinois and the guidance of a knowledgeable and skilled attorney can make a huge difference in the court experience and in the outcome of your case. You need a lawyer that is up to date on current laws and how they affect each case. There are many ways that a DUI charge may be challenged. Your DUI Arrest may be challenged if the officer did not have probable cause to arrest you. If you were not given your Miranda Warnings, we could move to suppress evidence that was gathered in violation of your Miranda rights. You may challenge the accuracy of the prosecutions blood alcohol testing by questioning the maintenance and functionality of the breathalyzers, or contest the procedures used in obtaining, labeling, sealing, storing and offering the evidence into trial. Most DUI Cases rely largely on the testimony of the arresting officer. We may challenge the accuracy of the arresting officer's observation of the performance of the field sobriety tests and other aspects of your arrest.
6. Johnson Law Group: One of the most important privileges to hold is the privilege to drive. We drive to work, to church, to school and to the park. It is an important part of our freedom. Sometimes, however, accidents, mistakes and bad decisions can lead to that freedom being taken away. Losing your driving privileges and going to jail can be the results of driving offenses. Some minor driving offenses do not require you to hire an attorney. Many, however, are serious. Driving while revoked or suspended could lead to losing driving privileges for years, and even jail time. This could affect your work and family life. DUI / DWI arrests are of course, very serious, and prosecutors are treating the crime more harshly all the time. At the same time, legislatures are lowering the legal drinking and driving limits, and passing stiffer sentencing laws. If you refuse to be tested for blood alcohol concentration, you could be charged with an additional crime. Hit and run accidents can result in a lost license and jail time. Vehicular manslaughter could lead to a long prison term. All of these charges are a severe threat to your freedom - both your freedom to drive and your personal freedom from jail