Brought to you by Colorado DUI Drunk Driving Defense

Rochester DWI Lawyers

1. Doda & McGeeney: Known elsewhere as DUI, or driving under the influence, the formal term for drinking and driving charges in Minnesota is DWI, short for driving while impaired. The penalties for DWI have become more stringent in recent years, and even a first offense will result in revocation of your driver's license. An important part of our client service in DWI defense is protecting your interests in DMV license revocation hearings and applications for limited driver's licenses so that you can at least commute to work. There are two tiers of penalties for Minnesota DWI convictions, including guilty pleas, depending on the blood alcohol concentration (BAC) evidence used against you. Driving with a BAC of .08 percent or greater is punished less severely than driving with a BAC of .20 percent. For commercial drivers, the maximum allowable BAC is .04 percent, and for persons under 21, a BAC as low as .02 percent can result in a conviction. The penalties involve jail time, which is often suspended for first offenders, heavy fines, and license revocation of varying lengths depending on your BAC and how many DWI or DUI convictions you have had in the last ten years.
2. Allen & Heim: Traffic and DUI/DWI & Implied Consent Do not make the mistake of thinking that traffic and DUI/DWI offenses are not important, serious charges! Minnesota, like many other states, has ratcheted up consequences for DUI/DWI and certain traffic offenses over the past years. Common penalties in DUI/DWI cases now include: * Lengthy periods of time on probation * Substantial jail time * High fines and court costs * Mandatory chemical dependency evaluations and treatment * Suspension, Revocation, or Cancellation of your driverÕs license, combined with hundreds to thousands of dollars in fees to get your license returned to you and lengthy, mandatory periods of time before you may do so. * Revocation of license plates * Forfeiture of the motor vehicle you were driving * There is even the possibility of prison time for some individuals. In this day and age, there is clearly no such thing as a ÒminorÓ DUI/DWI or traffic offense
3. Arendt, Patrick: What am I facing now that I am charged? There are four levels of offenses in Minnesota. They are: Petty misdemeanor (maximum penalty $300 fine) Examples are minor traffic offenses such as speeding, stop sign violations and parking tickets. You cannot go to jail for this type of offense. Misdemeanor (maximum penalty 90 days in jail and $1,000 fine) Misdemeanor cases include first time DWI offenders (with test results under .20), small theft cases, assaults, disorderly conducts, more serious traffic offenses (reckless driving, careless driving, open bottle, no insurance, etc.). The probation does not exceed two years. Gross Misdemeanor (maximum penalty one year in jail and $3,000 fine) Gross misdemeanor offenses include repeat DWI offenders, first-time DWI offenders with tests over .20, forgery, intent to escape tax, fifth degree criminal sexual conduct and mid- level theft cases. Probation does not exceed four years. Felony (a sentence in excess of one year in jail and fines that vary based upon the case) Felony cases are your most serious offenses and include offenses such as murder, burglary, robbery, aggravated assault, four-time DWI offenders (within ten years), drug offenses and most sexual assault cases. A "crime" in Minnesota is defined as an offense you can go to jail for. As such, a petty misdemeanor is not a "crime" because you cannot go to jail. The other three levels of offenses are crimes. How many times will I go to court? It depends upon the type of case you are charged with. Petty misdemeanors involve a 2-step process, an arraignment and a court trial. You do not have the right to a jury trial. Your attorney may be able to file a waiver for you at the arraignment so that you do not have to appear. The other three levels of offenses (misdemeanors, gross misdemeanors and felonies) basically involve a 3-step process: Arraignment/First Appearance This is typically the first time you go to court. For misdemeanor offenses, your attorney may be able to file a waiver so you do not have to appear. If, however, you are charged with a gross misdemeanor or felony, you will have to appear for this first stage. Conditions of release are reviewed, you are sworn under oath to give your name and address and future court dates are set. Pretrial/Omnibus Hearing This is the settlement phase of your case. You may go to court more than once for a hearing during this stage. Issues involving discovery (receiving police reports, witness lists, etc.), motions, scheduling issues and settlement discussions are held at this point. Many cases are settled at the pretrial/omnibus hearing stage. Trial Misdemeanor and gross misdemeanor offenses allow a defendant the right to have a six-person jury or a court trial. Felony cases require a twelve-person jury or a court trial. The defendant is allowed to choose having a judge or a jury trial. Are there other factors to consider in my case in addition to the potential of going to jail and paying fines? There are many other factors that you should discuss with us that may be relevant to your case. For example, a conviction on a domestic assault case prohibits you from ever possessing a firearm - a major consequence for people that are hunters. The length and type of probation you might be on can have daily impact on your life. You may be required to go to alcohol treatment, anger management counseling, drug awareness classes, driver improvement clinics and other rehabilitative programs. We need to consider any driver's license, motor vehicle insurance and professional license consequences. How your case is handled might also effect a separate additional civil lawsuit that any alleged victim could bring against you as well. Do I have to be represented by an attorney? There is no law that requires you to be represented by an attorney when you are facing criminal charges. In fact, you have the right to represent yourself. However, based upon the potential major consequences as listed above, you will be best served by hiring an experienced and knowledgable professional ...
4. Dilaveri Law Firm: Driving under the influence and driving while intoxicated are very serious charges and still most defendants do not fully appreciate the many years of personal, financial and professional misfortune that result from a DUI conviction in the State of Minnesota. Insurance companies, future employers, professional organizations, schools and other entities can all access those records. Additionally, the Internet continues to greatly enhance everyoneÕs access to public records, making searches into your background easier and more cost-effective to perform than ever. Most people think that drunk driving cases are simple matters: You have been accused, so you must be guilty. As a result, many people think they have to plead guilty. Nothing could be further from the truth. With the help of a dedicated Rochester Minnesota DUI attorney many defendants can avoid convictions or limit their collateral consequences. Few people realize that a DUI charge involves both a criminal and a civil proceeding with separate penalties under each proceeding. Q. What is the Implied Consent Law? A. The basic principle of the Implied Consent Law is found in Minnesota Statute 169A.51, subdivision 1(a), which states that: Any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state consents subject to the provisions of sections 169A.50 to 169A.53(implied consent law), and section 169A.20(driving while impaired), to a chemical test of a person's blood, breath or urine for the purpose of determining the presence of alcohol, controlled substances or hazardous substances. The test must be administered at the direction of a peace office. As it can be seen the law contains many words that are terms of art, such as "drive", "operate", "physical control", "motor vehicle", "within this state", "peace officer" etc. An effective Rochester MN DUI Attorney will litigate these issues on the behalf of his clients, thereby potentially weakening the government's case. Q. I just got pulled over now what? A. 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. Q.The officer wants to know if I have been drinking. A. Again, you are only required to provide your license and insurance card and you can decline to answer alcohol related questions. The best option is often to politely refuse to answer, by stating, "I would like to speak with an attorney before I answer any questions". Q. The officer is requesting that I perform field sobriety tests (FTS). A. 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. However, if you are not legally intoxicated or impaired, then performing these tests may get you home quicker. But since not many people know what .08 alcohol concentration feels like, the field sobriety tests give the officer an opportunity observe your behavior in order to build a case for DWI. Q. Do I have to take a breathalyzer? A. Failure to submit to a breath, blood or urine test is a gross misdemeanor under the current laws of the State of Minnesota so the answer is almost always yes. However, if you feel that the results of the tests are incorrect you are entitled to a second test at your own expense. Q. I was not read my rights, are the charges going to be dismissed? A. Despite what popular culture reinforces, 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 and that may not happen until after you submit to the breathalyzer. Therefore it is important to know that anything thing you say and do and consent to prior to being placed under arrest (i.e. Q. Do you know why I pulled you over? A. I failed to stop at the stop sign, Q. Have you been drinking? A. Yes, a couple of beers, Q. Can you submit to FST? A. Yes, Q. Can I take a look in your glove compartment? A. I guess) can and will be used against you, even without being warned of your rights. Once the officer reads these rights to you, you should decline to answer any questions and ask to speak with a Rochester, Minnesota DUI Lawyer. Q. How much will this cost me? A. At the Dilaveri Law Firm we appreciate the fact that attorney's fees are not something that people plan for. However, few people consider the financial consequences of just representing themselves and taking the prosecutor's first offer and pleading guilty to a DUI. For illustrative purposes consider the current "standard" first DUI sentence in Olmsted County (of course judges are free to deviate from it as they see fit). In exchange for plea of guilty for a first DUI with blood alcohol content between .08 and .19 and no aggravating factors (i.e. minor children in the car) you will be sentenced to: Criminal File * One year stay of imposition of sentence * $485.00 fine * One year probation - Fee for probation $200.00 - However, the Court has the option of not ordering probation and instead increasing the fine by $200.00. * Chemical Dependency Evaluation $130.00 * Additional classes or test as required by the evaluation. Costs ???? On the administrative side: * Your license will be revoked. $680.00 reinstatement fee * Cost of new license ~$20.00-$25.00 * Insurance Rate Adjustment: Costs? $$$$ At Dilaveri Law Firm your initial consultation is free, so there is no risk on your part in finding out just what your rights and your options and the strength of the case against you. The fee that you will pay will be a flat fee based on the facts of your case. You will know the fee in advance, therefore no surprise large attorney bills at the end.
5. Patterson & Dahlberg: DWI, driving while intoxicated, and DUI, driving under the influence, are serious charges. If not handled properly, these charges can affect your future. They can result in substantial fines, significant increases in insurance premiums, loss of your driverÕs license, affect future employment and, in some cases, result in serving time in jail. If you have been charged with DWI or DUI, it is important not to hesitate to consult an lawyer or attorney in Rochester MN who understands the process that must be followed in DWI and DUI cases. WHAT IS DRIVING UNDER THE INFLUENCE? Drinking alcohol and taking certain drugs affects your ability to safely operate dangerous equipment such as automobiles, motorboats and industrial equipment. It is against the law to operate an automobile if you are so under the influence of drugs or alcohol that you can not safely operate the motor vehicle. How intoxicated does someone have to be before they can be convicted of driving under the influence? In Minnesota, any blood alcohol level of .08 or higher will subject you to conviction. However, your driving skills are affected from the first drink of alcohol. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink. How many drinks can I have before being over .08? It is not the number of drinks alone that determines how high your blood alcohol levels are. Wine, beer, mixed drinks and hard liquor have different percentages of alcohol so itÕs more important to focus on how much total alcohol you have consumed over a certain period of time. Additionally, your impairment and your blood alcohol levels are influenced by gender, age, weight, amount and type of food you have eaten, medications, and other factors. The Minnesota Institute of Public Health publishes tables to help you estimate your blood alcohol content based upon several variables. click here Do I have to take a blood, breath, or urine test if asked to do so by the police? The answer is almost always ÒyesÓ because refusing to do so is considered a Gross Misdemeanor in Minnesota. If you refuse to take a test when you are stopped, your license may be revoked for at least a year. I tested under the legal limit and IÕm still charged with DWI, is that legal? The answer is ÒyesÓ. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if the alleged improper driving conduct establishes that the driver is Òunder the influenceÓ of alcohol. What are the legal and financial consequences of getting a DWI conviction? THE FIRST DWI OFFENSE If your blood alcohol reading on your first DWI offense was less than .20%, it is usually a Misdemeanor punishable by a maximum fine of $1,000 and jail time of a maximum of ninety days, or both. You will likely lose your license to drive for at least 90 days and the court may order you to attend an alcohol treatment program or at a minimum, a seminar or class on how alcohol affects your body and your ability to drive. The first offense may become a Gross Misdemeanor (punishable by a maximum fine of $3,000 and a maximum jail time of a year, or both) under certain circumstances, which include having a child in the car or having a blood alcohol content of over .20 percent. THE SECOND OFFENSE The second offense in ten years is a Gross Misdemeanor with a maximum penalty of $3,000 and a year in jail, or both. At a minimum, you will have to spend 30 days in jail or eight hours community work service for each day less than 30 days that you are ordered to serve in jail. The police will probably take your plates and perhaps even your car. THE THIRD OFFENSE If you have been driving while impaired within ten years of two prior DWI offenses, you will either have: 1) a minimum of 90 days in jail, at least 30 days of which must be served consecutively in a local correctional facility or 2) a program of intensive probation which will include serving at least six days consecutively in a local jail. The police will likely take your car and you will need a lawyerÕs help to deal with the financial consequences of the seizure. Additionally, after a third DWI within your lifetime, the state of Minnesota will likely cancel your driverÕs license as inimical to public safety. THE FOURTH OFFENSE If you have been driving while impaired within ten years of three prior offenses, you are guilty of a Felony. Current laws require that you are sentenced to prison for at least three years and given a fine of not less than $14,000.00. If the judge decides to reduce the three-year term, there is still a mandatory minimum sentence of 180 days of incarceration, at least 30 days of which must be served consecutively. How long will I lose my driverÕs License? The length of revocation or cancellation of your driverÕs license depends on many factors including your blood alcohol concentration, whether or not you took the test, the number of prior offenses, your age, and the length of time between offenses. Typically, if it is your first offense and your blood alcohol concentration was under .20, your license will be revoked for 90 days. Call us for further information about your case. When can I get a work permit (limited license)? Again, a personÕs eligibility for a work permit (limited license) depends upon numerous factors including, but not limited to, blood alcohol concentration, number of prior offenses, and whether or not you took the test. Typically, if it is your first offense and your blood alcohol concentration is under .20 then you can apply for a work permit 15 days after the expiration of your temporary license (22 days from the date of your arrest). Call us for more information about your case.
6. Doda & McGeeney: Known elsewhere as DUI, or driving under the influence, the formal term for drinking and driving charges in Minnesota is DWI, short for driving while impaired. The penalties for DWI have become more stringent in recent years, and even a first offense will result in revocation of your driver's license. An important part of our client service in DWI defense is protecting your interests in DMV license revocation hearings and applications for limited driver's licenses so that you can at least commute to work. There are two tiers of penalties for Minnesota DWI convictions, including guilty pleas, depending on the blood alcohol concentration (BAC) evidence used against you. Driving with a BAC of .08 percent or greater is punished less severely than driving with a BAC of .20 percent. For commercial drivers, the maximum allowable BAC is .04 percent, and for persons under 21, a BAC as low as .02 percent can result in a conviction. The penalties involve jail time, which is often suspended for first offenders, heavy fines, and license revocation of varying lengths depending on your BAC and how many DWI or DUI convictions you have had in the last ten years.
7. Stephenson & Sutcliffe: If you have been arrested for a criminal offense, the situation may look close to impossible. What can a lawyer do for you? It's you against the arresting officers and the prosecutors. Who will believe you? Talk to aÊ criminal defense lawyer...
8. Perry Law Office: Hiring a lawyer is an important decision and you should only make that decision after considering all relevant information, including information that may not be on this web site.