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Search for Minnesota DWI
Attorneys by County.
Roseville DWI Lawyers
- DeVore Law Office:
What is the difference between ÒDWIÓ and ÒDUIÓ?
A: ÒDWIÓ stands for "driving while impaired" while ÒDUIÓ represents "driving under the influence." There is also a third, common term "OWI" or "operating while impaired." All three terms represent operating a motor vehicle after consuming enough alcohol to register a specific blood-alcohol level. Most states set the level at .1, although some states have or are considering lowering the level to .08.
Do I have to take a breath test or can I insist on another test?
A: All of the portable devices used by police have to be approved by the National Highway Traffic Safety Administration and should be problem-free if maintained and used correctly.
Whether you have the option to choose the test you take depends on the state you are in when stopped. Refusing to take a blood-alcohol test can have serious consequences, including suspension of your license and being prosecuted for drunk driving.
Do I have to submit to a field sobriety test?
A: Field sobriety tests are used by an officer to help determine if, in his or her opinion, you are under the influence of alcohol and should be arrested for drunk driving. The officer may place you through a series of balance (walking an imaginary line or leaning back with eyes closed), coordination (counting on the fingers or touching a finger to your nose while your eyes are closed), or mental (reciting the alphabet or counting backwards) tests. The tests are often viewed as additional evidence which the suspect inevitably "fails". Whether you must comply will depend on the state you are in when stopped and requested to take the test.
Can I be stopped and arrested for DWI even if the vehicle was not moving?
A: It depends on the state you are in. In some states, the law says that a person is guilty of drunk driving only when actually operating the vehicle. In other states, having the key in the ignition will satisfy that the intent if there was the ability to operate the vehicle.
What is the "open container" law?
A: Open container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle.
What are the penalties for a DUI conviction?
A: The penalties for a DUI conviction will vary from state to state and depend, in a large part, on whether this is a first, second, third or subsequent conviction. All states impose penalties that include some or all of the following:
* Fines, increasing with subsequent offenses
* Screening for substance abuse
* Community service
* Suspension of driver's license, increasing with each offense
* Point charges against the defendant's license up through revocation of the license for a predetermined period of time
* Felony conviction with jail or prison time for a third or subsequent conviction
If my driver's license is suspended, how can I get it back?
A: "Occupational licenses" are available under many different circumstances. The judge must find that an "essential need" exists, such as school or job commuting. The license is restricted as to routes, areas and times.
- Ramsay, Charles:
Many people feel that if a person is pulled over for DUI or DWI and tests positive for alcohol in the blood, a conviction is assured. This is even easier to believe for those actually pulled over, tested, shamed by police officers and jailed overnight.
The fact is, there is more than a "possibility" that you can beat your DWI or DUI charges.
- Twin City Attorneys:
Being charged with a criminal offense is frightening and can have consequences far into the future.
Anyone arrested for a DWI or for something as serious as murder needs an experienced criminal defense attorney. There are many issues to sort through. What is the defendantÕs explanation for what happened? What evidence does the prosecution have? What do witnesses say? Were there mitigating circumstances?
- M. E. Ludt:
Proving your innocence -- There is nothing more important when the State of Minnesota wrongly claims that you committed a crime. Even if there is some guilt, too quickly will the prosecutors and judges stick you with a punitive sentence for a petty mistake. Whether it is defending your innocence or negotiating a sentence to fit the crime, you need an experienced aggressive criminal defense attorney.
The State of Minnesota does not make it easy on you. Court is intimidating, forms are confusing, the law can be unintelligible, and the odds quickly seem to stack against you. Dont let the system take the best of you.
Your freedom from jail, your financial freedom, your drivers license, and your reputation are on the line you need an experienced trial attorney to defend yourself against the charges.
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Ramsey, DeVore & Olson:
Your recent arrest for an alcohol offense has put you at risk under the law.
You risk the following:
- Lengthy driver's license revocation.
- License plate forfeiture.
- Vehicle forfeiture (not just impounded -- but seized and sold!).
- Two years in jail.
- Four Thousand Dollar Fines.
- Increased insurance costs
You can protect your future by fighting these charges.
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