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Minneapolis DWI Lawyers

1. Segal, Roston & Berris: First Degree Murder to Speeding
2. Garry, Ryan: * Murder * Manslaughter * Assault * Domestic Assault * Drug Crimes * White Collar Crimes * Identity Theft * Crimes of Terrorism * Bribery * DWI Defense * BWI Defense * Criminal Vehicle Operation * Terroristic Threats * Internet Crimes * Criminal Sexual Conduct * Prostitution * Theft/Burglary/Robbery * Investigation * Immediate Jail Release
3. 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.

4. 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. DUI Do's and Don'ts If stopped for a DUI in Minnesota If you are stopped by law enforcement in the State of Minnesota for suspected Driving Under the Influence (DUI) observe the following*: 1. Don't answer any of the police officer's questions other than providing your name, license and proof of insurance; 2. Don't admit to drinking or doing drugs; 3. Don't do any physical tests (stupid human tricks)* 4. Ask to speak with an attorney 5. Submit to a blood or breath test following your arrest** 6. Request an independent sample of your blood or breath 7. Ask for release so you can get your own independent blood test. *You are not obligated to take any field sobriety tests in Minnesota, including the Horizontal Gaze Nystagmus (HGN) Test (the eye test). We recommend that you politely refuse to take the tests, as their results are subjective and can be interpreted against you even if you think you did, or will do, very well. Submitting to the tests will almost always give the police officer probable cause to arrest you for DUI (assuming they lacked probable cause before the tests). Why give them potentially incriminating evidence, even if you know you are sober? **The advice above regarding taking a blood or breath test applies only to a first offense in Minnesota, and is based on the fact that if you refuse a test you will lose your license for a year and be charged with a Gross Misdemeanor. If you take a test, depending on the result, you are looking at between 90 and 180 days license suspension for a first DUI arrest and a Misdemeanor charge, unless the result exceeds .20 blood alcohol. The reason that most credible scientists across America (and in other countries) are unwilling to categorize field tests - even the National Highway Traffic Safety Administration (NHTSA) tests - as being scientific is that too many variables are involved in roadside testing to ever eliminate pure chance and non-controlled circumstances from the equation (e.g., environmental conditions such as lighting and roadway slope). Numerous states, including Texas, Alabama and Mississippi, do not permit HGN evidence to be admitted at trial. The reason behind this is that these party games (as noted Swedish scientist Dr. A.W. Jones has called them) do not pass well-established rules of evidence (court rules for determining when certain types of information may be presented to the jury) for scientifically acceptable tests. Even the NHTSA admits that under optimal conditions (i.e., in an air-conditioned, well lighted room) 35% of sober, drug-free subjects get inaccurate results on the one leg stand test, 32% of sober subjects get flawed results on the walk and turn, and 23% of sober subjects are inaccurately said to be over the legal limit on the Horizontal Gaze Nystagmus test. By comparison, polygraph (lie detector) tests are more than 90% accurate when conducted by a qualified operator), and (absent a stipulation by both parties) are still not permitted into evidence by most courts! NOTE: This information is not to be considered legal advice and is in no way a substitute for professional legal counsel by an attorney experienced in the representation of clients charged for such offenses.
5. 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.
6. 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.
7. 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.
8. 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. A DWI, DUI or OUI conviction is costly and could haunt you for many years to come. Your vehicle insurance rates may triple. The license reinstatement fee charged by the state is almost $700 by itself. Your license revocation could remain on your driving record for life even if you win your criminal case and even if you were found not guilty. A license revocation can remain on your record and be used against you by police, prosecutors and insurance companies unless you challenge it in court. Additionally, DWI, DUI and OUI law has become very complex, and punishments continue to grow. DUI and DWI charges may now lead to: * Vehicle forfeiture * Loss of your driver's license * Vehicle impoundment * Revocation of your license plates * Fines * Jail time * Drug and alcohol treatment and courses Few cases look defendable to the accused, but many defenses may apply to your case. When you call us for a free initial consultation or hire us to represent you, we can: * Answer your questions * Explain your options and possible sentence * Explain the structures and procedures of the judicial process * Assist you in navigating the court system * Provide experienced defense
9. 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.
10. 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. :
11. 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! What you should do if you are stopped for "drunk driving." Be Polite: If you are stopped for a Minnesota DWI, you will only exacerbate your situation by being physically or verbally abusive. If you are subjected to any verbal or physical mistreatment, make a note of it; but do not engage in it. When you know your rights, you can be assertive without being obnoxious. Keep your mouth shut: When you are initially pulled over by the police, you are being detained, but you are not technically under arrest for a Minnesota DWI. Miranda warnings do not yet apply. You are not, however, under any obligation to answer any questions pertaining to the consumption of alcohol. As a Minnesota DWI Attorney, I urge you to provide the officer with your driver's license and insurance information and politely refuse to answer any alcohol related questions. Field Coordination Tests: Minnesota DWI law does not require you to submit to field coordination tests (eg. stand on one leg; recite the alphabet; stand on your head, etc.). The "tests" are entirely voluntary and the sole judge of your performance is usually the arresting officer. As a Minnesota DWI Lawyer it is my opinion that it is generally the better practice to decline these "tests" so that no evidence of your performance can be used against you in court. Tell the officer you will not submit to any coordination tests before speaking to a Minnesota DWI attorney. Preliminary breath Test: Most Minnesota police carry in their squads a portable breath testing machine called the "Alco Sensor". The machine will show a "green" light if you have had anything to drink. It will show a "yellow" warning light if you are just under the legal limit and a "red" light if you are over the legal limit. The newer Alco Sensor models have a digital read-out of your alleged alcohol concentration level. The results of the portable breath test are not admissible against you in your criminal jury trial. You should submit to the portable breath test at the scene of the stop.
12. 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.
13. 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.
14. Lundeen Law: If you are in the unfortunate situation of being accused of a crime, remember you are innocent until proven guilty.
15. Peter Timmons: A DWI/DUI can cost thousands of dollars more in automobile insurance.
16. 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.