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Minneapolis DWI Lawyers

    Minneapolis Criminal Lawyer: DUI vs. DWI - What's the difference? DUI can be an acronym for "driving under the influence." DWI can be short for "driving while impaired." While in some states both terms are used and may have different meanings, in Minnesota there is no difference. Both are abbreviations referring to Minnesota Statutes Chapter 169A, entitled "driving while impaired." While "DWI" seems to better reflect this Chapter of Minnesota Statutes, "DUI" is more commonly used throughout the United States. Since there is no distinction in Minnesota, here either term may be used interchangeably.
  1. Tyler, Clayton: The defendant is entitled to a fair criminal trial. In order for the defendant to be afforded a fair trial, a judge must behave in a proper manner. If the judge engages in improper behavior the defendant may request that the judge recuse himself.
  2. Robinson, Mitchell: # Federal cases # Narcotics cases # DUI/DWI charges # Domestic violence # Homicide # Juvenile offenses # Probation violations # Prostitution # Forfeiture # Traffic crimes Consequences of Drunk Driving If you have been drinking, it is important to know your legal alcohol limit. If your blood alcohol content (BAC) is .08 or higher, and you are pulled over by the police, you will be facing criminal charges. For commercial drivers, the legal limit drops to .04, just two beers for many drivers. The Law Office of Mitchell A. Robinson, P.A., fights to protect the rights of clients in DWI cases. trooper If you are facing DWI charges, contacting a lawyer can help protect your rights. Possible consequences of a DWI conviction include: # Jail time # Prison time # Large fines # Mandatory treatment programs # Lengthy probation periods # Administrative penalties # Loss of driving privileges # Loss of commercial driver's license # Vehicle forfeitures # License plate seizures In addition, having a DWI on your record can affect your livelihood and can cause your insurance rates to be increased or cancelled. "Not a Drop Law" and Underage Drinking and Driving In Minnesota, juveniles who are caught drinking and driving face harsh penalties. For people under the age of 21, the legal limit is a BAC of .00 and consequences for exceeding that limit can be severe. Consequences can include loss of driving privileges, treatment programs, driver training programs, potential vehicle forfeiture regardless of the name on the title, license cancellation and increased or cancelled insurance rates. The Defense of DUI/DWI Charges The Law Office of Mitchell A. Robinson, P.A., works with clients to prepare an aggressive defense. This can include questioning the basis of the arrest, such as: * Why was the person stopped? * How did the person do on the field coordination test? * What was the result of the preliminary breath test? * Was the person given the implied consent advisory? * Was the person given the opportunity to speak to a lawyer before taking a breath test? * Was the person given the Miranda advisory? * Did the officer take a blood, breath or urine test? * Was the DWI the result of an illegal traffic stop?
  3. Brown, Jason: What gives officers probable cause to stop a drunk driver? Police officers are trained to look for the following criteria when searching for drunk drivers: * Turning with a wide radius; * Straddling center of lane marker; * Appearing to be drunk; * Almost striking an object or vehicle; * Weaving; * Swerving; * Speed more than 10 miles below speed limit; * Stopping without cause in a traffic lane; * Following too closely; * Drifting; * Tires on center or lane marker; * Braking erratically; * Driving into opposing or crossing traffic; * Signaling inconsistent with driving actions; * Slow response to traffic signals; * Stopping inappropriately; * Turning abruptly or illegally; * Accelerating or decelerating rapidly; and * Driving with vehicle headlights off. Although police officers tend to believe speeding is a factor, speeding is not a recognized sign of intoxication. The faster you drive, the quicker your reactions and reflexes must be as well as your judgment. Therefore, if you are speeding and appear to be driving normally, that would be indicative of sobriety rather than intoxication. If I'm stopped by the police, should I answer their questions? You are not required to answer questions that are designed to be incriminating. In a police encounter, a simple request to speak to an attorney before answering questions would be an appropriate response. Remain calm, and be courteous and respectful at all times. Remember that after stopping you and approaching your vehicle, the officer is probably already recording your discussion and actions without your knowledge. What signs of intoxication do police officers look for? Police officers are taught to look for the following symptoms of intoxication: * Flushed face; * Red, watery, glassy or bloodshot eyes; * Odor of alcohol on breath; * Slurred speech; * Fumbling with wallet while trying to get license; * Failure to comprehend officer's questions; * Unsteady feet while exiting vehicle; * Swaying while standing; * Leaning on car for support; * Being combative, argumentative or jovial while talking with officer; * Disheveled clothing; * Lack of awareness in regards to time and place; and * Driver unable to follow police instructions. I've been arrested for a DWI. What should I do? When arrested for DWI, itÕs important to collect all the facts surrounding your arrest. Make notes as to exactly what was said by the officers during the stop and exactly what you said to the officers. Make sure you make a list of any potential witnesses to both the stop and your drinking prior to the arrest. Then, call our law firm to discuss the facts and circumstances of your case. What are the key defenses in Minnesota DWI cases? Lack of Probable Cause: The officer must have probable cause to stop, detain or arrest you. Driving Issues: The prosecution must prove that the defendant was actually driving the vehicle, and at the time of driving, the defendant was under the influence. For example, if you were sleeping in the vehicle or if the officer comes to your residence after you already arrived home, you may have a workable defense. Under the Influence: An officer may be mistaken as to his or her observations of you while administering field sobriety tests, and thus can be discredited in court. Often the officer is not properly trained in administering field sobriety tests or chemical tests, which can help to invalidate results. Blood-Alcohol Concentration Result: There are numerous problems associated with the testing procedures and the machines themselves. The smallest error can produce significant differences in results, giving your attorney a good argument for your defense. Regulation of Equipment: The prosecution carries with it the burden of showing that the instruments used to test your Blood Alcohol Concentration complied with the Minnesota state regulations for DWI calibration. If they cannot meet that burden, your DWI attorney may have a good argument in your favor. Rising BAC: It is unlawful to have an excessive BAC (blood-alcohol concentration) at the time of driving, not at the time of being tested. It takes anywhere from thirty minutes to three hours for alcohol to be absorbed into your blood and therefore potentially impair your driving. Often a test is not given for 30 minutes to 2 hours after the time of driving. You could show a BAC test result of .10 and actually only been a .07 at the time you were driving your car. Refusal to Test: Officers often do not give proper advisements as to the consequences of refusing a chemical test. If the officer did not tell you about the consequences of refusing the BAC tests, or gave the instruction improperly, this may invalidate a DMV license suspension. Do I need to prepare for arraignment? Arraignment is when you will be formally charged with a DWI. A plea of not guilty is usually entered at that time. After the entry of the plea, a judge will decide whether to impose pre-trial conditions. The conditions that a judge sets will range from most restrictive, such as being placed on home detention or jail, to less restrictive conditions, such as no consumption of alcohol. In all cases, the judge will assess whether you represent a threat to the community and will set restrictive conditions accordingly. When should I consult with an attorney? Being arrested for DWI can invoke feelings of fear, embarrassment, and even depression. Do not be so hard on yourself. You are not a bad person. There are people in all walks of life who have been arrested for DWI. Rest assured that the more control you take over in your life now, including educating yourself about DWI law, the greater peace of mind you will have. Because you are in a vulnerable position, you need to consult with a lawyer you can trust as soon as possible.
  4. 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. DUI Terminology * What is a DUI, or DWI? * What are the different degrees of DUI/DWI? * What are the elements of a DUI? * What are mitigating and aggravating factors, and how can these affect your case? What is Driving While Impaired, or Driving Under the Influence? The offense of ÒDWIÓ consists of driving, operating or being in physical control of a motor vehicle while you are 1) Òunder the influence ofÓ alcohol, a controlled substance or a hazardous substance OR 2) you have an alcohol concentration of over the legal limit, as measured by a breath, urine or blood test within two hours of being stopped by an officer, OR 3) you have any amount of a Schedule I or II controlled substance in your system. Driving, operating or being in physical control of a motor vehicle means you were not simply a passenger in the vehicle, and/or you had access to the ignition key, EVEN IF THE CAR IS NOT RUNNING! If the vehicleÕs keys are near you, and you can reach them and turn the vehicle on, you still could be determined to be in physical control of the vehicle. What counts as a motor vehicle? Cars, trucks, a commercial vehicle that you drive for work, motorboats Ð including any watercraft propelled in any manner by machinery (for example, a canoe is not a motor vehicle, but a fishing boat with a detachable motor is). Off-road recreational vehicles also are considered motor vehicles Ð such as snowmobiles, ATVs, and off-highway motorcycles. Alcohol concentration means the number of grams of alcohol in 100 milliliters of blood, 210 milliliters of breath or 67 milliliters of urine. In Minnesota, the legal limit Ð or, the alcohol concentration over which it is illegal to operate a motor vehicle is 0.08 grams of alcohol per 100 milliliters of blood. (Prior to the year 2005, the legal limit in Minnesota was 0.1.) If youÕre driving a commercial vehicle, the legal limit is much lower: 0.04; and drivers of school and Head Start buses cannot have ANY alcohol in they system while operating their buses. The impaired driving law applies everywhere Òwithin this stateÓ Ð which means it applies even when youÕre on a friendÕs property or on your own property. So, what does the phrase ÒUnder the InfluenceÓ mean? Unfortunately, there is no ÒfixedÓ definition of under the influence. Judges have broad discretion in deciding whether there is an adequate foundation for a finding of intoxication in any given case. For example, if a driverÕs alcohol concentration is below the legal limit, a judge may still find that a conviction for DUI is valid, as long as the State can show that the driverÕs ability or capacity to drive was impaired to some degree. This applies in cases involving controlled substances, too, because there is no Òlegal limitÓ under which driving while under the influence of a controlled substance is lawful. There are four degrees of DUI/DWI offenses. First Degree DUI is a felony level charge, and the most serious degree; Fourth Degree (which used to be called Misdemeanor Driving While Impaired) is the lowest degree of DUI charge. First Degree DUI is what an individual is charged with when the individual drove while impaired AND the individual has EITHER three or more Òqualified prior driving incidentsÓ in the last ten years, OR the individual has a prior conviction of felony DUI. Second Degree DUI is a Gross Misdemeanor offense, and is defined as driving while impaired when two or more aggravating factors are present. If the offense is a refusal to take a chemical test (refusing the Implied Consent), then only one aggravating factor is required to charge a Second Degree DUI. Third Degree DUI is also a Gross Misdemeanor but requires only one aggravating factor (or no additional aggravating factor if the offense is a refusal to test). Fourth Degree DUI refers to the basic offense, driving while impaired, with no aggravating factors or qualified prior driving incidents. What is an aggravating or mitigating factor? An aggravating factor is a circumstance that makes a charged offense more serious for the individual charged. A mitigating factor is a circumstance that makes a charged offense less serious for the individual. For example, if you are charged with a DUI for the first time, that fact that you do not have any prior DUIÕs is a mitigating factor for you in your first DUI offense. The most common aggravating factor is a Òqualified prior driving offenseÓ, ten years or less before the current incident. There are two events which count as Òqualified prior driving offensesÓ: Having an impaired driving conviction already on your driving record, or having an impaired driving-related loss of your driverÕs license on your record. In order to be used in the current charge, the qualified prior driving offense must have occurred in the last ten years. Two other common aggravating factors are having a blood alcohol concentration of over 0.20, or having a child under the age of 16 and at least three years younger than the driver in the vehicle.
  5. 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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