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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. Turner, Catherine: DWI/DUI What is the difference between DUI and DWI? DUI is driving under the influence of drugs or alcohol. You can be charged with DUI even if your blood alcohol level was below the legal limit if law enforcement officers believe that your driving was impaired. DWI is driving with a blood alcohol concentration of .08 or more within two hours of driving. That means, that when you took the intoxylizer test, your reading was over the legal limit. DUI/DWI can happen to anyone. Not only will you face criminal charges, but the state will revoke your license. There are two sides to every DUI/DWI: criminal and civil. The criminal side involves facing a conviction; the civil side is all about your license. Thankfully Catherine Turner can help you in both arenas. You have a right to challenge not only the legality of the stop, breath test, and criminal charge, but also the stateŐs revocation of your license. If you have been charged with DUI/DWI, it is important to call Catherine right away. You only have 30 days to challenge the revocation of your license. She can help you file your petition on time and represent you through both the criminal and civil processes. She has experience trying DUI/DWI cases and isnŐt afraid to stand up to the cops and prosecutors that want to take your license and send you to jail. DWI/DUI is enhanceable. That means that the consequences increase with each subsequent conviction. If you get 4 DUI/DWI convictions in 10 years, you will be charged with a felony. However, if this is your first DWI/DUI, it will be charged as a misdemeanor, unless there are aggravating factors making it a gross misdemeanor, such as having a blood alcohol level of .2 or more, or having a young child in the car when stopped. Also, you should be aware that refusing to take a breath test can lead to greater charges and having your license revoked for up to a year. There is so much to know about DWI/DUI.
  2. Ron Tschida: Inmany cases, of course, a criminal defendant will decide toplead guilty to some type of offense, and there are a broad range of consequences that may follow.
  3. Tillman Law Firm: all areas of criminal law, including felony, gross misdemeanor, misdemeanor crimes
  4. Timmons, Peter: Appeals Assaults Civil Litigation Criminal Defense Drug Crimes DUIDWI Forfeiture License Revocation Personal Injury Sex Crimes
  5. Martin Legal Group: REMEMBER: If you are stopped for a DWI or DUI in Minnesota: * DO give police your driver's license and proof of insurance. * DO NOT admit to anything. * Politely refuse to answer any questions. * Politely refuse to conduct any field sobriety tests. * Do call before you test at the police station. If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected. You need someone with a thorough knowledge of the complexities of DUI law in Minneapolis & St Paul to fight for you.
  6. 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.
  7. 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?
  8. 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, itŐs 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.
  9. 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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