Minneapolis DWI Lawyers
Minneapolis Criminal Lawyer:
When is the best time to retain a DWI defense attorney?
Realistically, this will not happen unless you retain a good criminal defense lawyer to help you, ASAP. Why ASAP? Because you have only 30 days from the date of the "implied consent" drivers license revocation to serve and file a legal challenge to it. You'll need a good criminal defense attorney to help you with that. If you fail to do so in time, or fail to win that case, you will then have an "implied consent violation" on your drivers license record, with virtually all of the consequences of a DWI conviction other than jail and probation.
As for the criminal-DWI case, prosecutors generally don't just give away favorable settlement offers to the defense without a reason. The reason they do, when they do, is a good defense issue identified by your lawyer, your criminal defense lawyer.
The reason the cop stopped you might be helpful to your case. But, only a criminal defense lawyer thoroughly reviewing your case will be able to determine if that is your best defense issue, or whether there are other, better ones.
In the typical DWI case, the arresting officer initiates BOTH a criminal-DWI charge, including a summons to court, AND also an "implied consent" administrative revocation of drivers license, based either on "test refusal" or "test" report of 0.08 or more. These are two, separate legal actions - one criminal and the other is claimed to be "civil." (This is how they claim to avoid the constitutional prohibition against double jeopardy.)
In Gallagher's experience, most people are aware of the former (criminal DWI with court date) but totally unaware of the latter (administrative revocation of drivers license).
- Merissa, Mikael:
* Imigration Law
* Criminal Defense
* Personal Injury
* Family Law
* Civil Rights
- Johnson, Josh:
criminal defense, Chapter 7 bankruptcy, personal injury
- Mathis, Brad:
WHAT SHOULD I DO IF I AM PULLED OVER AND I HAVE BEEN DRINKING ALCOHOL?
First of all, do not drink and drive. If you have found yourself in the common position, however, when you have been out with friends and you have been pulled over:
** Be respectful to the police officer.
** Do not incriminate yourself.
** Ask to speak with an attorney.
SHOULD I HIRE AN ATTORNEY?
Yes. Whenever you are faced with jail or revocation of your driving privileges, you should consult with an experienced DWI attorney. Having an experienced DWI attorney analyze all of the evidence against you ensures that your rights have been protected. YOU DO HAVE RIGHTS. Contesting your case and taking proactive steps increases your chances of having the case dismissed or at least reduced. Otherwise, by simply pleading guilty without an attorney, you are at the mercy of the prosecutor. Protect your freedom and driving privileges and hire an experienced DWI attorney. Many times, guilt is not the issue; the issue is whether or not you have properly demonstrated that you will challenge your case.
WHAT ARE THE CRIMINAL AND CIVIL CONSEQUENCES OF A DWI?
Below is a helpful chart detailing the consequences of a DWI organized by the number convictions within a ten year period:
DWI 1ST OFFENSE
BAC
ARREST
CRIMINAL PENALTIES
DRIVER'S LICENSE SANCTIONS
Under 0.20
Misdemeanor
90 days in jail and/or $1,000 fine
90 day license revocation
30 day if plead guilty to DWI
0.20 or over
Gross misdemeanor
License plates impounded
Jail and maximum bail or electronic monitoring
1 year in jail and/or $3,000 fine
180 day license revocation
Child in vehicle and
under 0.20
Gross misdemeanor
License plates impounded
1 year in jail and/or $3,000 fine
90 day license revocation
Child in vehicle and
0.20 or over
Gross misdemeanor
Vehicle forfeited and plates impounded
Jail until first court appearance
1 year in jail and/or $3,000 fine
180 day license revocation
Refused test
Gross misdemeanor
License plates impounded
1 year in jail and/or $3,000 fine
1 year license plate impoundment
30 day if plead guilty to DWI, or
90 day if plead guilty to refusal
DWI 2ND OFFENSE
BAC
ARREST
CRMINAL PENALTIES
DRIVER'S LICENSE SANCTIONS
Under 0.20
Gross misdemeanor
License plates impounded
1 year in jail and/or $3,000 fine
180 day license revocation
Notice that additional offense will
result in license cancellation
0.20 or over
Gross misdemeanor
Vehicle forfeited and plates impounded
1 year in jail and/or $3,000 fine
1 year license revocation
Notice that additional offense will
result in license cancellation
Any level
Child in vehicle
Gross misdemeanor
Vehicle forfeited and plates impounded
Jail and maximum bail or electronic monitoring
1 year in jail and/or $3,000 fine
1 year license revocation
Notice that additional offense will
result in license cancellation
Refused test
Gross misdemeanor
Vehicle forfeited and plates impounded
1 year in jail and/or $3,000 fine
1 year license revocation
Notice that additional offense will
result in license cancellation
DWI 3RD OFFENSE
Any level and/or
Refused test
Gross misdemeanor
Vehicle forfeited and plates impounded
Jail and maximum bail or electronic monitoring
1 year in jail and/or $3,000 fine
1 year minimum loss of license
License cancelled
Treatment and rehabilitation
(minimum 1 - year abstinence)
Lifetime abstinence required
after reinstatement
- Cascarano Law Office:
Criminal Defense
Drug Cases
DWI
Federal Cases
State and Federal Appeals
White Collar Crime
- Burris Law Offices:
assault, domestic assault, harassment, indecent exposure, disorderly conduct, theft, and DWI / DUI
- Brazil, Daniel:
The results of a particular case will vary depending on the facts of the case and the individual circumstances involved. While no ethical attorney can guarantee a particular result in any given case, our firm can guarantee that we aggressively pursue every client's rights and interests in each case.
A criminal conviction can result in significant damage to your current job status, future employment opportunities and educational opportunities. Before simply pleading guilty to a criminal charge, contact an experienced criminal defense lawyer to learn more about your rights. Often, a criminal defense attorney can negotiate for a reduced charge, case continuance for dismissal, or plea of guilty with reduced penalties, including alternate sentencing alternatives if you are facing the possibility of jail time.
- 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
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