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Minneapolis DWI Lawyers

Minneapolis Criminal Lawyer: What is at stake in a typical first-time DUI - DWI case? The first question to ask is "what is at stake?" in any particular legal matter. In a case with no accident or other aggravating factors, the defendant is unlikely to be sentenced to much, if any, executed jail time. But, having an alcohol-related event on your drivers license record can cost many thousands of dollars, month after month, year after year. Major increased expenses include, not only high risk auto insurance premiums for minimal coverage, but also numerous fines and fees, and costs related to having a criminal conviction record, a alcohol-related drivers license revocation. These include impacts on employment, health insurance, etc. It is possible to retain a good DWI defense lawyer, challenge in court the administrative revocation of your drivers license if done within 30 days, get that rescinded off your drivers license record, and avoid an alcohol-related conviction. If done, this could save you thousands, perhaps tens of thousands of dollars over a five year period alone. DWI laws today are complex. Only an experienced, motivated DWI defense lawyer can help you effectively fight and win one of these cases. Gallagher has helped clients do this many times. Without a good DWI defense lawyer you have virtually no chance of winning, in that way. You can't win unless you try to win. A typical first time DWI case usually involves two legal cases: the drivers license "implied consent" license revocation; and second, the DWI-criminal case. The implied consent law is set up so that you automatically lose unless you (your lawyer) files a court challenge within 30 days. If you do, only then will you get a hearing in court in that case. There are many, expensive, consequences of having a an implied consent DWI violation on your drivers license record. In the other case, the criminal DWI case, most first time DWI criminal charges are misdemeanors, with a 90 and $1,000 maximum penalty, but generally close to no jail time executed and several conditions of probation.
1. Keyser Criminal Defense: DWI and DUI offenses are common across the state of Minnesota, especially with the police enforcement cracking down on dangerous drivers. Driving while intoxicated (DWI) and driving under the influence (DUI) means that you have a blood alcohol content of .08 or higher (if you are over the age of 21) and are caught driving a vehicle. You may also be charged with a DUI offense if you are operating a boat while intoxicated, an ATV while intoxicated, a golf cart while intoxicated or a snowmobile while intoxicated. Furthermore, DUI charges may also be laid if you have open alcohol in the car, if you are underage or if you are on any illegal substance such as ecstasy or marijuana. Degrees of DUI Offenses There are four degrees of DUI charges in Minnesota; first degree DWI charges are considered felonies; second degree DWI charges are classified as gross misdemeanors; and third and fourth degree DWI charges are considered to be misdemeanors. DWI Aggravating Factors Aggravating factors will determine the severity of your DUI charge. Aggravating factors include: * If you have a prior DUI incident within the ten years preceding the current offense * If you refuse to provide a urine or blood test, or if you refuse the breathalyzer test * If you have a child under the age of 16 in the car with you * If you have a blood alcohol reading of .20 or higher First Degree DUI Convictions Those facing first degree DUI charges will have three or more drinking while driving incidents within the last ten years of committing the crime. You may also be facing first degree DUI charges if you have previously been convicted of a felony DWI. Second Degree DUI Convictions DUI in the second degree means that you have two or more aggravating factors present during the violation. Third Degree DUI Convictions A drunk driver is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed. Fourth Degree DUI Convictions If you are convicted of fourth degree DWI then no aggravating factors are present during the violation but you are found to be under the influence of alcohol or a controlled substance while driving a vehicle, a boat, an ATV, a gold cart or any other recreational vehicle. DUI and DWI Convictions A DWI charge can come with serious implications. If convicted, your DWI sentence will depend on the degree of the crime, if any aggravating factors were present and your previous criminal history. If facing a first degree DUI conviction, you may be facing a felony conviction of up to 7 years in prison and/or a $14,000 fine. Even fourth degree DWI convictions, which are considered misdemeanors, come with up to 90 days in jail and/or a $1,000 fine. You may also lose your license, be issued with whisky plates and/or have your car impounded. Minneapolis Criminal Defense If you or someone you love is facing a DWI/DUI/BWI/SWI or related drunk driving charge, it is important that you seek legal representation fast.
2. Chitwood, John: Drug Crimes Sex Crimes Drunk Driving/DWI Assault
3. Wolfgram Law Firm: Murder Kidnapping Drug Charges Weapon Charges Criminal Sexual Conduct Assault Domestic Assault DUI/DWI Traffic Offenses Prostitution Terroristic Threats Theft Forgery White Collar Crime Pornography Forfeiture any Felony or Misdemeanor
4. Torgerson Criminal Defense: The DWI/DUI laws in Minnesota are counted among the toughest in the nation. More often than not, this has led to DWI/DUI charges even against vigilant individuals. This is primarily because while many individuals consider themselves to be in control after one or two drinks, in actuality, now, they could be above the legally permissible alcohol limit. If you or any of your family members are accused of DWI or DUI, it is best to hire the services of a professional Minnesota DWI attorney such as Lynne Torgerson as soon as possible.
5. JP Johnson & Assocaites: * DWI and alcohol-related offenses * Drug and weapon charges * Serious felonies and misdemeanors * Jury trials * Criminal sexual misconduct * Assault and domestic charges * Driving after cancellation/revocation * Traffic violations
6. Mauzy, William: * White Collar Crimes * Mortgage Fraud * Health Care Fraud * Bank Fraud * Mail Fraud * Wire Fraud * Securities Fraud * Tax Crimes / Tax Evasion / Tax Fraud * Embezzlement & Theft * Export Control Violations * Sex Crimes * Criminal Sexual Conduct * Criminal Vehicular Operation * Criminal Vehicular Homicide * Homicide / Murder * Internet Crimes * Drug Crimes * Environmental Crimes * DWI and Implied Consent proceedings * Assault / Domestic Abuse * Juvenile Offenses * Felonies & Misdemeanors
7. Beito & Lengeling: DWI / DUI are the interchangeable terms for a driving while impaired prosecution. DWI stands for driving while impaired. DUI stands for driving under the influence. Traffic violations and convictions that are a result of drunk driving are serious offenses. Penalties range from fines and loss of driving privileges to confiscation of your vehicle and in some cases jail time. These penalties can negatively affect your life and the life of your loved ones for years to come. Minnesota law provides for prosecution based on evidence of impairment or as a result of a chemical test result of .08 or more.
8. Bottema, Ken: If youÕve been charged with a serious crime in the Twin Cities, St. Cloud, Moorhead, or the surrounding suburbs, you need skilled criminal defense lawyer with years of experience and knowledge of Minnesota criminal courts. Did the Police Seize Your Property? Many people are shocked to find out that the state can take their car, their home, their cash, and their property in drug cases, even if the drugs werenÕt theirs and they didnÕt know they were present. And itÕs easier than you think to lose your care to a DWI stop. If your property has been seized by the police or forfeited by the state, there are ways to get it back. The 4th Amendment protects us all from unreasonable searches of our person, our home, and our cars, and from seizure of our personal property. If the police have improperly executed a search warrant, unlawfully entered your property, or unreasonably detained you, you have a case against them and a chance to get your property returned.
9. Grosheck, Christa: A charge of driving while intoxicated not only impacts your ability to drive your vehicle, it often impacts your job, your family and your reputation. One of the most important things you can do to protect yourself after being pulled over for DWI is to contact an experienced defense attorney. Minnesota has enacted an Òimplied consent lawÓ which means that any person who drives a motor vehicle in the state automatically consents to a breath, blood, or urine test to determine if they are under the influence of alcohol or drugs. The test given at the time you are pulled over is called a Òpreliminary breath testÓ (PBT) and you must comply with this test. However, an additional test is also administered once you are taken into custody. This test is called an Òevidentiary testÓ and, although you must comply, you have the right to contact a lawyer before you submit to the test. If you test positive for driving under the influence, the ramifications to your ability to drive can become effective immediately. In most cases, you will be given a 7-day temporary license to drive before the withdrawal of your license. Once your license has been withdrawn you could face license suspension anywhere from 90 days to permanent cancellation, depending upon the circumstances of your case. Understanding DUI/DWI administrative procedures, and your right to an attorney, can be crucial to your DWI/DUI case. Attorney Christa Groshek will ensure that you are aware of all administrative hearings, filing deadlines and court requirements so that you have the best chances of success under the circumstances of your DWI case.
10. Skees, Harvey: the areas of DUI/DWI and Criminal Defense law are constantly changing - literally, every day there is the possibility of a new case law decision that can change the landscape of the law as we know it
11. Leunig, John: Expect results.
12. Koch & Garvis: In this complicated arena, you need lawyers who know what they are doing. * Drug charges: Drug possession (marijuana, cocaine, methamphetamine, and others), possession with intent to sell, distribution, cultivation, or manufacturing, including operating a meth lab * White collar crimes: Employee theft, embezzlement, money laundering, healthcare fraud, Medicare fraud, bank fraud, and insurance fraud * Assault and sex crimes: Domestic assault, sexual assault (rape, "date rape"), or criminal sexual conduct * DUI: First offense, multiple offenses, or felony DUI, boating while intoxicated, snowmobiling while intoxicated, riding an ATV while intoxicated It is important for you to know that there are many potential outcomes for any case, regardless of how simple it may seem. No attorney can guarantee an acquittal, and there are many strategies we can consider together as we decide what is the best way forward for you.
13. 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?
14. 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.
15. 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.
16. 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
17. 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.