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Minneapolis DWI Lawyers

  • Bulmer, William: It is a crime for any person to drive, operate, or be in physical control of a motor vehicle, within this state or upon any boundary water of this state, while the person is under the influence of alcohol, a controlled or hazardous substance, or a combination of the two, or the person has an "alcohol concentration" of 0.08 or more. For a rough calculation of your BAC based upon your drinking habits, try using the ÒDrink WheelÓ. The term motor vehicle means more than the typical vehicle you see on the highway. A motor vehicle can include: a motorboat, a farm tractor, an ATV, a snowmobile, a riding lawn mower, forklifts, scooters, etc. As you can see, the list goes beyond your average car or truck. Various Degrees of DWI/DUI Minnesota law divides the crime of DWI/DUI into various degrees based on the severity of the offense. á 4th Degree (Misdemeanor): First DWI/DUI or license revocation offense within the past 10 years, without any aggravating factors present. á 3rd Degree (Gross Misdemeanor): Second DWI/DUI or license revocation offense within the past 10 years OR first offense within the past 10 years plus 1 aggravating factor present. á 2nd Degree (Gross Misdemeanor): Third DWI/DUI or license revocation offense within the past 10 years OR first offense within the past 10 years plus 2 aggravating factors present. á 1st Degree (Felony): Fourth or more DWI/DUI or license revocation offense within the past 10 years. Aggravating Factors Minnesota provides certain conditions which, if present at time of arrest, can enhance an otherwise misdemeanor DWI/DUI offense into a much more serious offense. These aggravating factors are: (1) a prior DWI/DUI conviction or prior license revocation within the past 10 years; (2) having an alcohol concentration in excess of .20 BAC; and (3) having a child in the motor vehicle under 16 years old if the driver is 3 years older than the child. Criminal Penalties A misdemeanor DWI/DUI conviction carries a penalty of up to 90 days in jail, a $1,000 fine, or both. A gross misdemeanor conviction carries a penalty of up to 1 year in jail, a $3,000 fine, or both. A felony conviction carries a penalty of up to 7 years in prison, a $14,000 fine, or both. In addition to the penalties above, a criminal conviction for DWI/DUI can include: probation, court ordered treatment, M.A.D.D. impact panel, AA/NA, restitution, and community service. Civil Penalties In addition to criminal penalties, a person conviction of a DWI/DUI offense can face serious civil consequence including, but not limited to: loss of driving rights, loss of license plates, loss of motor vehicle, increased insurance premiums or loss of motor vehicle insurance, and loss of employment. Nearly 50,000 DWI/DUI arrests each year Ð and growing Minnesota has some of the most complex and extensive laws on its books as it relates to DWI/DUI. The state legislature passes new bills nearly every year affecting DWI/DUI law. DWI/DUI cases are complex. Each case is different. The smallest circumstances of each case can greatly affect the outcome of any given case. It is important you speak to an attorney immediately if you are facing a DWI/DUI arrest. Take Action Now If you, or someone you know, have been charged with a DWI crime in Minnesota, you need to retain the services of a qualified, passionate and knowledgeable criminal defense attorney who will be your voice in the criminal justice system and who has a successful track record when it comes to fighting DWI charges in the state of Minnesota. When you face such life-changing consequences, you cannot risk being without trustworthy, aggressive legal representation.
  • Nep & Hackert: If you have been charged with DUI Ñ a term used to describe "driving under the influence" or drunk driving Ñ it is very important to know the consequences you may face. In Minnesota and across the nation, enforcement and penalties have increased dramatically in recent years.
  • Meshbesher & Associates: Driving Under the Influence ¥ Drunk Driving Arrest The Downside of Drinking Minnesota drunk driving charges are no joking matter. The recent changes in state law coupled with pressure from MADD and other proactive organizations have resulted in harsher penalties for drunk driving. Beyond the potential loss of driving privileges, there is the criminal aspect of Minnesota DUI capable of permanently damaging your future. Minneapolis DWI - A Risk Not Worth Running Many individuals charged with Minnesota DUI opt to represent themselves. Although this may save you attorney fees, it pales in comparison to the cost of losing your freedom. If you have been arrested in Minneapolis or Minnesota for DWI, you have the right to contact a criminal defense lawyer right away. The only way to guarantee your side of the DUI story will be justly presented is with a seasoned, Minnesota DUI attorney. Recent Changes to Minnesota DUI Laws Before you plan an event that includes alcohol consumption, you may want to first consider the penalties that exist in case you are arrested for Minnesota drunk driving. In recent years, Minnesota DUI laws have changed dramatically causing otherwise free individuals to now face strict criminal consequences. Laws You Should Know o The legal limit for blood alcohol levels has been lowered from 0.10 percent to 0.08 percent, making Minnesota DUI arrests that much easier. o According to tougher Minnesota DUI laws, repeated drunk driving convictions (in excess of three) will be considered felonies, with the minimum fine amount increasing from $10,000 to $14,000 and mandatory 3-7 year prison sentences. o Repeat Minnesota DWI offenders can expect mandatory sentencing, including 30 days for the second offense and up to 365 days for additional offenses. o Minnesota Implied Consent laws now permit police officers to initiate the process of revoking your driver's license, increasing the need for skilled Minnesota DUI representation. o Repeat offenses can lead to longer periods of license revocation, license cancellation, impoundment of license plates and forfeiture of your vehicle. A Chance for Justice The bottom line is, the tougher the drunk driving laws, the more penalties will be imposed, making it that much more difficult to secure a winning defense. Minnesota DWI laws are both strict and uncompromising, designed to keep drunk drivers off the road. Without proper representation... your chances of securing justice and protecting your future are slim.
  • Schmidt, Carolyn: he legal process can be an uneasy experience filled with uncertainty and frustration. Take the first step toward a solution by selecting an experienced and skilled lawyer.
  • Webb, Timothy: For a rough calculation of your BAC based upon your drinking habits, try using the ÒDrink WheelÓ. What clues do police officers look for on the roads? The National Highway Traffic Safety Administration (NHTSA) has published a booklet titled ÒThe Visual Detection of DWI Motorists.Ó This detection guide is based on research conducted by the NHTSA and describes a set of behaviors that is used by officers to detect motorists with blood alcohol concentrations (BAC) of 0.08 percent or greater. The driving behaviors identified by the researchers are presented in four general categories: ¥ Problems in maintaining proper lane position (weaving, wide turns) ¥ Speed and braking problems (too slow or fast, abrupt stops) ¥ Vigilance problems (stopped at a green light, wrong side of road) ¥ Judgment problems (taking a turn too fast, dangerous maneuvers) The clues presented in these categories are assigned probabilities to help predict that a driver is DWI (BAC > 0.08). For example, according to the research, if a driver is weaving over lane lines, the probability of DWI (a BAC of 0.08 or more) is more than 50 percent. When driver is weaving and exhibits any other clue listed, the probability of DWI jumps to at least 65 percent. Observing any two clues other than weaving indicates a probability of DWI of at least 50 percent. Some clues, such as swerving, accelerating for no reason, and driving on other than the designated roadway, have single-clue probabilities of greater than 70 percent. But I wasnÕt even "driving." In Minnesota, you do not need to be driving your car to get a DWI. You only need to be in Òphysical controlÓ of your vehicle. This means that you can get a DWI if you decide that you shouldnÕt be driving and you just climb into your car as a place to Òsleep it offÓ or pull over to the side of the road to sleep. What should you do if you are pulled over when you have been drinking? Be polite. You must show your driver's license and insurance card when stopped in a car. Otherwise, you don't have to answer any questions. You do not have to consent to any search of yourself or your car. If you do consent to a search, it can affect your rights later in court What should you do if a police officer asks if you have been drinking? You are not required to answer alcohol related questions. The best option is often to politely refuse to answer, such as, "I would like to speak with an attorney before I answer any questions". What should I do if a police officer asks me to take field sobriety tests? If you arenÕt legally intoxicated or impaired, then performing these tests may get you home in short order. But you are not obligated to perform any roadside tests. Most of us may not know what it feels like to have a blood alcohol concentration of 0.08. We donÕt typically carry a device with us that measures our blood alcohol levels after a few drinks. And taking field sobriety tests gives the officer an opportunity observe your behavior in order to build a case for DWI. The officer will be looking for certain clues or signs of intoxication. There are a wide range of field sobriety tests (FSTs), but most officers have begun following the federally-approved "standardized" field sobriety tests. These consist of a battery of three tests: (1) Heel-to-Toe (also referred to as "walk-and-turn"): (2) One-Leg Stand (standing on one leg and counting); and (3) Horizontal Gaze Nystagmus (following the officerÕs finger with your eyes). You are not legally required to take any FSTs. The officer directing the tests is the sole judge of your performance and is only noting the things you do incorrectly. Therefore, in most cases a polite refusal to perform FSTs is appropriate. The police did not read me my rights when they arrested me. Despite what you might see on television, a police officer is not required to read you the Miranda rights unless you have already been arrested and the officer intends to ask you questions related to the offense of DWI. In many cases an officer does not read the Miranda rights until after you have submitted to chemical testing for alcohol concentration. Once the officer reads these rights to you, you should decline to answer any questions and ask to speak with a lawyer. What is the punishment for DWI? The consequences can vary depending on the circumstances and the jurisdiction, but in Minnesota the maximum punishment for a first time DWI is 90 days in jail, and a $1,000 fine. While there is no required minimum amount jail time, there are some mandatory penalties for a first time DWI including a mandatory minimum fine of $300, a mandatory chemical dependency assessment, a loss of driving privileges, and payment of reinstatement penalties. You can also lose your license plates from a first time DWI. You can lose the license plates on your car as a result of a first time DWI if your BAC test was over 0.20, or if you had children in your car, or if you refused to take a test for BAC. This isnÕt limited to the car you were driving. You can lose your plates on all vehicles registered in your name. You can lose your car for a second DWI. Under certain circumstances you can forfeit the right to your vehicle if you get a second DWI within ten years of your first DWI. Can I get a limited license to drive to work? In most cases, yes. When you are charged with a first time DWI, you receive a temporary license allowing you to drive for 7 days. You are then eligible to get a limited license after a 15 day period without any driving privileges (22 days after being charged with DWI).
  • Paul Baertschi: For all state and federal crimes, and all felonies and misdemeanors, you deserve the quality, expert legal assistance...
  • Jennifer Speas: .08 Percent Blood Alcohol Concentration (BAC) Level Across the country, state governments are creating stricter drunk driving laws. Minnesota is no exception. Our DWI/DUI laws are some of the strictest in the nation. Minnesota and all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. "Zero tolerance" laws target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent. There are several levels or "degrees" of DUI/DWI charges, ranging from misdemeanor and gross misdemeanor to felony. License revocations, vehicle confiscation or forfeiture, and loss of license plates are always possibilities if convicted. If you are convicted of a felony DUI/DWI, you may be facing jail or prison time. Also, punishments vastly increase if convicted of a third DUI/DWI. We can help you understand your options and determine the best way to proceed in your defense. Your driver's license may be in jeopardy. After you have received a citation for DUI/DWI, you are at risk of not only having your driver's license revoked, but also having your vehicle seized by the state as well. You only have 30 days after you receive your citation to challenge license revocation and vehicle forfeiture. This is just one of the reasons it is essential that you get in touch with an experienced DUI/DWI attorney as soon as possible.
  • Hawkins Law Office: Do not try to fight charges of DWI or DUI without an experienced lawyer by your side.
  • Dejvongsa Myers & Associates: Being charged with a crime does NOT mean you are guilty. You DO have options, but you need the immediate help of a good criminal defense lawyer to make sure your rights are protected.
  • Kassius Benson: Depending on the circumstances, DWI charges can be reduced, or even dismissed. This is especially true when the stop, search, or arrest violated a right to which an individual is guaranteed.
  • Wayne Okrzynski: "In all criminal prosecutions, the accused shall enjoy the right É to have the assistance of counsel for his defense." - United States Constitution, Amendment VI. Too many criminal defense lawyers are priced too high for the average person accused of a crime. Justice should not be so hard to come by.
  • Amdahl Law Offices: License Revocation / Suspension License suspension or revocation traditionally follows conviction for alcohol-impaired or drunk driving. However, under administrative license suspension (sometines called administrative license revocation), licenses are confiscated before a trial or conviction whenever a driver either fails or refuses to submit to a breathalyzer or alcohol breath tester. Because administrative license suspension laws are independent of criminal procedure, donât require guilt, and are invoked right after arrest, they've been found to be more effective in reducing drunk driving than are traditional post-conviction sanctions. However, some civil libertarians and others object to a procedure in which they believe people are punished or suffer negative consequences even if they are able later to prove their innocence. Proponents argue that driving is not a right. Vehicle Forfeiture Minnesota's policies differ greatly in terms of what vehicles are seized and how, if at all, they will allow the cars to be returned. The United States Supreme Court and Congress have carved out certain limited defenses in property forfeiture cases. If the car driven belongs to an "innocent third party" who had no cause to believe you would be driving it while intoxicated, there is a valid defense to the forfeiture proceedings. In such cases, the outcome hinges on whether the owner had knowledge of the driver's intention. In a case where the owner doesn't give permission to the driver or the driver essentially "steals" the car by taking it without express consent, there is a good defense. Cases where you are driving your spouse's car are more problematic, especially where he/she knows you have a prior conviction for DWI. Spouses will be deemed to know more about the driver's intent than a stranger or someone without knowledge of the driver's record for DWI, if any
  • Brockton Hunter: If you are under investigation, have been arrested, or have been charged with a crime, you know you need a good criminal defense lawyer. But do you know what that is or how to find one?
  • Bock & Battina: As of August 1, 2005, the legal limit for drinking and driving has been lowered to an alcohol concentration (BAC) of .08 **** Minn. Stat. 169A.20, Subd. 1.
  • Robert Shane: If you have been arrested without a warrant for a misdemeanor offense, the officer must issue you a citation and release you, unless it appears to the officer that detention is necessary to prevent further criminal conduct or if there is a substantial likelihood that you will fail to respond to the citation. If you have been arrested under a warrant issued upon a complaint, you must be taken before a judge as directed in the warrant. The amount of the bail must be included on the face of the warrant. If you have been arrested for a felony without a warrant, you must be brought before the judge within 36 hours, exclusive of the day of arrest, Sundays and legal holidays. A judge must review the case and make a probable cause determination within 48 hours from the time of arrest. If the court determines there is no probable cause to believe a crime was committed by you, or if no determination of probable cause is made within 48 hours, you must be released immediately.
  • Battina Law Office: AGGRAVATING FACTORS *Each prior DWI conviction or implied consent revocation within the last 10 years. (Only count one if arising from the same incident) *Current Blood Alcohol Concentration (BAC) test is 0.20 or higher. *Child endangerment. (If passenger is under 16 years old and greater than 36 months difference from driver) TEST REFUSAL may only be charged if: (1) Advisory is read (2) Driver is given an opportunity to contact an attorney, if requested and (3) Refuses Breath, Blood or Urine test or fails to provide two separate adequate breath samples within 0.02 alcohol concentration and alternative test is offered and refused. VEHICLE FORFEITURE may occur if one of the following: *1st Degree Felony DWI or refusal *2nd Degree gross Misdemeanor DWI or refusal *DWI or refusal violation with a canceled Inimical to Public Safety (IPS) status *DWI or refusal violation with a B card license restriction
  • Haerter & Steele:

    WHAT ARE THE CONSEQUENCES AND PENALTIES OF A DWI/DUI CHARGE?
    A conviction for DWI/DUI (“drunk driving”) generally remains on your driving and criminal record for life, possibly preventing job opportunities and limiting travel to some foreign countries in the future. A first time DWI/DUI is punishable in Minnesota by 90-days in Jail and a $1,000 fine.  The penalty for each subsequent DWI/DUI conviction is enhanced and can result in a felony conviction. 

    In addition, the state of Minnesota imposes civil penalties on those charged with an alcohol related driving offense.  Even if the criminal case is dismissed, the civil penalties will remain unless properly contested.  The most common type of civil penalty imposed in Minnesota is license revocation (generally 90 days for a first time offense.)  The law also provides for vehicle and license plate seizure in certain circumstances.  The process of fighting these civil penalties is completely separate from the criminal case.  An experienced DWI/DUI lawyer has the knowledge to fight both the criminal charge and the civil penalties.

    MUST I SUBMIT TO A TEST?
    When a driver is suspected of a DWI/DUI, an officer is given the statutory “option” of asking that you submit to a chemical test of your breath (most commonly administered), and may request a blood or urine test.  Minnesota law permits a person to REFUSE to submit to testing.  However, refusal to take a breath test is a criminal offense in Minnesota.  Test refusal carries essentially the same penalties as a DWI/DUI and most often will result in more severe administrative sanctions such as a longer period of license revocation or vehicle forfeiture.

    HAVE MY RIGHTS BEEN VIOLATED? 
    Minnesota's implied consent laws set out very particular procedures that police officers must follow, from the initial stop through charging you with a crime.  In addition, the federal and state constitutions provide a myriad of rights that may have been violated.  If your rights were violated, you may be entitled to have your case dismissed.     

    DO I REALLY NEED A LAWYER?
    A trained DWI/DUI attorney can give you many distinct advantages when dealing with a DWI/DUI charge.  A knowledgeable attorney may be able to have your criminal case dismissed, expedite reinstatement of your driving privileges, and work with you to minimize the long-term effects on your automobile insurance.

    It is recommended that you consult a DWI/DUI attorney as soon as possible following your arrest, as state law provides strict deadlines for certain helpful procedures.   

    CAN I FIGHT THE BREATH TEST RESULTS?
    Having an attorney who is trained to know the breath machine’s LIMITATIONS and weaknesses is the first priority if you decide to fight your DWI/DUI case in court.  All Breath Tests are subject to challenge, and a knowledgeable DWI/DUI attorney will know when it is appropriate to attack.

  • Joel Heiligman: The Minnesota laws surrounding Drunk Driving/DWI are numerous. Minnesota criminal procedure and practice is complicated and requires a skilled criminal defense lawyer to properly navigate through the process.
  • Zajac Law Firm: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
  • Valentini & Associates: Defending DWIs will continue to require much legal ingenuity. Litigating the pertinent issues will require that one learn as much as possible about how the applicable statutes work and what the Court of Appeals and Supreme Court have stated. These materials are not exhaustive. Instead, they are intended to be a springboard for delving deeper into this area of practice.
  • Fabian Hoffner:

    DUI / DWI Defense

    Defending clients to ensure they received due process of the law if charged with DUI or DWI and providing individual attention and legal advice in the best interests of each client.

    DUI Driving Under the Influence of drugs or alcohol
    DWI Driving While Intoxicated

    This is a serious criminal charge that could affect your personal record for life.

    The ticket means you have been charged, but you have not been proven guilty of the charge.

  • Jason Bauer: The courtroom is an intimidating place.
  • Judith Sampson: What is the difference between DUI and DWI? DUI is driving under the influence of alcohol or drugs. Even if your blood alcohol reading is below a .10, you can still be charged with DUI if they believe your driving ability was impaired. DWI with a blood alcohol concentration over .10 within 2 hours of driving means that when you took the Intoxylizer test, your reading was over the legal limit.
  • Tallen & Baertschi: You should consult an attorney for individual advice regarding your own situation.
  • Caplan Law Firm: DWI/DUI/OWI arrests with alcohol or drugs in Minnesota involves an extremely complicated system of laws and can seriously impact your life, and also the lives around you that you love and care about. Jail time, loss of a MN drivers license or full driving privileges, high insurance premiums can often come as the result of a DWI/DUI/OWI handled in court improperly. The best way to handle a DWI/DUI/OWI charge is to seek the advice of an experienced and aggressive Minnesota DWI/DUI/OWI lawyer. DUI Lawyers are a necessity in most drinking and driving (DUI) cases. These are criminal cases, involving a criminal record, if convicted. Although in most cases pleading guilty may seem like the least expensive way of handling a DWI/DUI/OWI, the hidden costs (non-judicial costs) most often are far greater than the effective representation of a DUI attorney. Remember, An ARREST Is Not A Conviction, a DUI conviction lasts a lifetime. Elements of DWI Offense Minnesota has one of the most comprehensive DWI Statutes in the nation. The elements of the offense may be outlined as follows: It is a crime for any person to drive, operate, or be in physical control of a motor vehicle, within this state or upon the ice of any boundary water of this state, while the person is under the influence of alcohol, a controlled or hazardous substance, or a combination of the two, or the person has an "alcohol concentration" of 0.08 or more.
  • Rider Bennett: Traffic Stops Based on "Special" License Plates Must Follow the Letter of the Constitution
  • Halberg Criminal Defense: There are four levels of offenses in Minnesota. They are: Petty misdemeanor (maximum penalty $300 fine) Examples are minor traffic offenses such as speeding, stop sign violations and parking tickets. You cannot go to jail for this type of offense. Misdemeanor (maximum penalty 90 days in jail and $1,000 fine) Misdemeanor cases include first time DWI offenders (with test results under .20), small theft cases, assaults, disorderly conducts, more serious traffic offenses (reckless driving, careless driving, open bottle, no insurance, etc.). The probation does not exceed two years. Gross Misdemeanor (maximum penalty one year in jail and $3,000 fine) Gross misdemeanor offenses include repeat DWI offenders, first-time DWI offenders with tests over .20, forgery, intent to escape tax, fifth degree criminal sexual conduct and mid- level theft cases. Probation does not exceed four years. Felony (a sentence in excess of one year in jail and fines that vary based upon the case) Felony cases are your most serious offenses and include offenses such as murder, burglary, robbery, aggravated assault, four-time DWI offenders (within ten years), drug offenses and most sexual assault cases. A "crime" in Minnesota is defined as an offense you can go to jail for. As such, a petty misdemeanor is not a "crime" because you cannot go to jail. The other three levels of offenses are crimes. It depends upon the type of case you are charged with. Petty misdemeanors involve a 2-step process, an arraignment and a court trial. You do not have the right to a jury trial. Your attorney may be able to file a waiver for you at the arraignment so that you do not have to appear. The other three levels of offenses (misdemeanors, gross misdemeanors and felonies) basically involve a 3-step process: Arraignment/First Appearance This is typically the first time you go to court. For misdemeanor offenses, your attorney may be able to file a waiver so you do not have to appear. If, however, you are charged with a gross misdemeanor or felony, you will have to appear for this first stage. Conditions of release are reviewed, you are sworn under oath to give your name and address and future court dates are set. Pretrial/Omnibus Hearing This is the settlement phase of your case. You may go to court more than once for a hearing during this stage. Issues involving discovery (receiving police reports, witness lists, etc.), motions, scheduling issues and settlement discussions are held at this point. Many cases are settled at the pretrial/omnibus hearing stage. Trial Misdemeanor and gross misdemeanor offenses allow a defendant the right to have a six-person jury or a court trial. Felony cases require a twelve-person jury or a court trial. The defendant is allowed to choose having a judge or a jury trial. There are many other factors that you should discuss with us that may be relevant to your case. For example, a conviction on a domestic assault case prohibits you from ever possessing a firearm - a major consequence for people that are hunters. The length and type of probation you might be on can have daily impact on your life. You may be required to go to alcohol treatment, anger management counseling, drug awareness classes, driver improvement clinics and other rehabilitative programs. We need to consider any driver's license, motor vehicle insurance and professional license consequences. How your case is handled might also effect a separate additional civil lawsuit that any alleged victim could bring against you as well. Based upon the points listed above, it is very important for you to hire an attorney that you feel comfortable with. The attorney you choose can make a significant difference in the outcome of your case.
  • Douglas Kans: A Minnesota DWI attorney plays a pivotal role in the life of any defendant faced with DWI in Minnesota. Your Minnesota DWI attorney can be the difference between keeping your record clean and being convicted of DWI which can result in incarceration and impact your family, your economics and your job. When selecting a Minnesota DWI attorney you are making a difficult and important decision. The attorney you select will greatly impact your case no matter how strong or weak you believe your defense to be. One of the most important criteria that you should use in selecting a Minnesota DWI attorney is the experience of the attorney. Experienced DWI attorneys understand the process, understand the law, and understand the system in place - all of which are critical to the potential success of your defense. An experienced Minnesota DWI attorney will understand which defenses work best, which defenses tend to be weaker and how to best present the defense. An experienced Minnesota DWI attorney will also know what works best with the judge assigned to your case and that could prove to be pivotal. Knowing how the system works is also important as criminal cases follow very specific processes and an experienced attorney may be able to maneuver within the system more smoothly and effectively. Many former defendants would attest to the fact that the experience of their Minnesota DWI attorney either helped their case or hindered their case as a result of a lack of experience - that is not a risk most defendants want to take or are able to take. Though there are many attorneys in Minnesota that are general practitioners, meaning that they take all types of cases, and many of these are very capable attorneys, there are some attorneys that concentrate their practice in specific areas of the law in order to gain more experience in specified fields.
  • John Delmore:

    Q

    Can I be sent to Jail?

    A

    Yes, even a first-time offender in can be put in jail. There are increased penalties for repeat offenders and even first-time offenders who test .20 or more or who have a child under 16 in the vehicle.

     

    Q

    What do Police Officers look for when searching for Drunk Drivers on the Highways?

    A

    The following is a list of symptoms that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:

    1. Turning with a wide radius;

    2. Straddling center of lane marker;

    3. "Appearing to be drunk";

    4. Almost striking object or vehicle;

    5. Weaving;

    6. Driving on other than designated highway;

    7. Swerving;

    8. Speed more than 10 mph below limit;

    9. Stopping without cause in traffic lane;

    10. Following too closely;

    11. Drifting;

    12. Tires on center or lane marker;

    13. Braking erratically;

    14. Driving into opposing or crossing traffic;

    15. Signaling inconsistent with driving actions;

    16. Slow response to traffic signals;

    17. Stopping inappropriately (other than in lane);

    18. Turning abruptly or illegally;

    19. Accelerating or decelerating rapidly;

    20. Headlights off.

    Q

    What tests can the Officer ask me to perform?

    A

    Generally, the officer who stops you will ask you to perform two types of tests “Field sobriety Tests" (FSTs) and “Chemical Tests” (Intoxilyzers, Breathalyzers, Blood, Urine etc.)

    If the police officer observes some evidence of alcohol usage, he/she may ask you to perform a series of "field sobriety tests" (FSTs). Typically, these tests measure your physical dexterity or mental acuity. Most officers will use a set battery of three to five of the following tests:

    1. Recite the alphabet;

    2. Count backwards;

    3. Line-walking;

    4. Finger-to-nose;

    5. Heel-to-toe;

    6. Balancing one foot at a time;

    7. Fingers-to-thumb;

    8. Hand pat;

    9. Bending forward and backward with your eyes closed

    If you have chronic physical problems or physical limitations, have difficulty with your balance, walking, etc., it would be wise to inform the officer prior to taking the tests.

    Also, in many localities the police routinely videotape all stops. If so, the FST may also be videotaped.
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  • Lundeen Law Offices:

    What is a Miranda warning?

    A Miranda warning advises people of their constitutional right not to answer questions or to have a lawyer present before answer any questions.

    If I am not under arrest, do I have to answer a police officer's questions?

    No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.

    EXAMPLE: Tommy is walking down the street and approached by Officer Doright. Officer Doright begins to question Tommy about a bank robbery that happened a few days ago. The conversation looks like this:

    Officer Doright: Hey, excuse me; I would like to ask you a few questions.

    Tommy: um, ok, what is this about?

    Officer Doright: I'm investigating a robbery that happened a few days ago, I thought you might be able to give me some information.

    Tommy: I just got back in town today from Europe; I really don't think that I can help.

    Officer Doright: You just got back, that's interesting, you fit the description of the robber that the bank teller provided.

    Tommy: Excuse me Officer, am I under arrest?

    Officer Doright: Umm, well no, but if you have something to say, I promise to help you out.

    Tommy: No thanks Officer. Tommy then continues with his walk home from the airport.

    Must a police officer always advise a person of their Miranda rights before asking a question?

    No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.

    For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a patron named Mary Smith may have seen the robber. When Officer Jones interviews Mary, Mary makes statements implicating herself in the robbery as a lookout. Can Mary's statements be used against her later, even though she was not read her Miranda Warning? The answer is yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.

    If I am in custody, how do I assert my right to remain silent?

    A suspect who has been arrested need only say I want to speak with a lawyer or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect's 5th Amendment rights. Anything that the suspect says after the violation will usually be inadmissible as evidence in court.

    Can I waive my Miranda rights?

    Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court.

    But the police officer said that if I talked, he would help me out.

    This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor and the presiding judge. Accordingly, if accused of a crime, it is best not to talk with anyone other than your criminal defense lawyer, otherwise, your case may be more difficult to defend.

  • Grostyan Legal Office: When injured or accused of a crime, finding an attorney can be a overwhelming experience. Many people in this position try to resolve the problem themselves. With the huge number of laws, statutes and more in the legal process; retaining a professional to handle your case is a must.
  • DeGree Law Offices: A drunk driving conviction can have a devastating impact on your life, but it's a mistake that doesn't have to ruin your future. Legal advice is needed, however, to take the correct steps—and quickly. If you've been stopped anywhere in the Minneapolis / St. Paul metropolitan area and charged with Driving Under the Influence (DUI), you must contact a Minnesota DUI attorney immediately. You have only 30 days to contest your driver's license forfeiture. If you fail to contest a DUI, you may give up your right to contest vehicle forfeiture.
  • Douglas Hazelton: Did the police have probable cause (a good, legal reason) for the stop? A policeman may not stop you on a "hunch" because you looked "suspicious". There has to be some reasonable cause, such as a violation of traffic laws, erratic driving, an accident, or some other good reason.
  • Thomsen & Nybeck: There is not a bright-line rule establishing precisely what is and what isn`t probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officers hunch, with nothing more, will not satisfy the requirements.
  • Max Keller: In order to get a work permit, you need to wait a specified mandatory waiting period. The mandatory waiting period to get a work permit varies from 15 days for most first time offenders (unless you test .20 or more, in which case it is 30 days) to up to one year (i.e. no limited at all), depending on: (1) whether you took the test or refused; (2) your test results (whether you tested .20 or more); and (3) the number of prior DWI's you have. Because of the growing complexity of DWI law, ... hire an experienced attorney like me to help you navigate the maze of "the system." I will help you get your work permit or full license back as soon as possible. You will also need to (1) take the written test on Chapters 7 and 8 of the driving manual which deal with the effects of alcohol and drugs and the regulations concerning DWI, etc., (2) make an application for a new driver's license, and (3) pay the reinstatement fee of $690. If, HOWEVER, you have filed an implied consent petition to challenge the revocation of your driver's license, then you should not be required to pay the $690 fee. ... all drivers who want to fight their criminal DWI charge also file an implied consent petition to challenge their driver's license revocation, which is a separate civil case. Many drivers can win their implied consent case based on cops not showing up for trial, technical issues such as missing or improperly filled out paperwork, misleading advice from police to drivers, insufficient time to contact an attorney when under arrrest, etc. Winning your civil implied consent license revocation case will then give you leverage over the prosecutor in the criminal DWI case.
  • Claudia Engeland: DWI laws do not require a person actually to be driving a car to be guilty of the offense. All that is required is that the person be "in physical control" of the vehicle. Physical control can mean sitting in a car, even without the keys in the ignition. Also, the vehicle does not have to be a car. DWI-related offenses can apply to farm tractors or boats.
  • Eric C. Nelson: Did the police have a legitimate reason to stop your vehicle or to detain you in the first place? If not, the resulting evidence is inadmissible by operation of the United States Constitution and the Minnesota Constitution, which protect us against unreasonable searches and seizures. :
  • F.T.Sessoms: Exercise your right to counsel before making your decision on chemical testing. The right to counsel is extremely important. An experienced attorney will tell you the ramifications of your testing decision and will tell you how to challenge any test obtained by the State. You have the right to arrange for an additional test, to be administered by a person of your own choosing, and experienced counsel can inform you how to arrange for your independent test while you are still at the police station!
  • Thomas Gallagher: Your and our constitutional rights, human rights, liberty rights, are not mere "technicalities," as some have argued. They are what separate us from authoritarian, fascist and communist dictatorships. Only by defending the other person's rights can we defend our own, whether as soldiers in wartime, or as jurors and lawyers in court.
  • Jeffrey Ring: The politics of DWI have led to the jailing of even some first-time offenders, depending on the facts, the County, the Judge, the prosecutor and the defense lawyer. A second alcohol-related offense within ten years carries a mandatory minimum 30-day jail sentence. A third offense in ten years carries a mandatory minimum 90-day sentence. A fourth in ten brings 180 days minimum. A fifth timer in ten years is hit with a minimum year in jail. In the summer of 2002, a fourth offense in ten years is an imprisonable felony, and the old license revocation counts as an old offense, even if you got out of the DWI conviction. There are many legal defenses to explore to your advantage, whether to win the case, or to "win the result". Defend yourself with the best legal advice you can find.
  • Lundeen Law: If you are in the unfortunate situation of being accused of a crime, remember you are innocent until proven guilty.
  • Peter Timmons: A DWI/DUI can cost thousands of dollars more in automobile insurance.
  • Richard Kyle: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.
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