Shakopee DWI Lawyers
- Loftness Law Office:
The Minnesota laws pertaining to impaired driving have changed over the years, and now there are both lower tolerances of alcohol, and increased penalties for repeat offenses. If you have been charged with a DWI or DUI, it's important to have an experienced attorney protecting your rights. At Loftness Law Office in Shakopee, I protect the rights of individuals charged with drunk driving.
The Possible Consequences
If you commit a DWI/DUI offense in Minnesota, you may face any of the following:
Criminal Charges, which may result in incarceration, fines, and probation;
Driver's license revocation or cancellation;
License plate impoundment;
Vehicle impoundment; and
Vehicle forfeiture.
Since your DWI/DUI could result in several or all of these consequences, you will need an attorney to address each of them with proper diligence, and represent you will experience and confidence.
Criminal Charges for DWI/DUI
If you have been arrested and charged with driving while impaired, you will be required to go through a criminal proceeding in district court. DWI charges range from First Degree to Fourth Degree, depending on the facts and circumstances of your case, and whether any aggravating factors exist at the time of the offense. Several years ago, the legal limit for a person's blood-alcohol concentration was .10, but currently, it is .08. This means that consuming even less alcohol will result in you being over the legal limit. When you are arrested, you will be asked to take a test of your blood, breath, or urine. If you refuse to take the test, you can be charged with a separate crime. The results of that test will be evidence used against you in your court proceeding.
You can be charged with driving while impaired if you drive, operate, or are in physical control of a motor vehicle:
While you are under the influence of alcohol;
While you are under the influence of controlled substance;
While you are knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles so as to substantially impair your ability to drive or operate the vehicle;
While you are under the influence of a combination of any two or more of the above elements;
While your blood alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is .08 or more;
When the vehicle is a commercial vehicle and your alcohol concentration as measured within two hours two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is .04 or more; or
When your body contains any amount of certain controlled substances.
You should know that you can be charged with DWI/DUI even if you were not driving the vehicle.
Implied Consent Proceedings
When you have been charged with either driving while impaired or test refusal, usually your driving privileges will be revoked or canceled as well. You have the right to challenge the revocation through a separate legal proceeding called an Implied Consent proceeding. You have limited time to initiate the Implied Consent challenge, or you will lose your opportunity to do so.
License Plate Impoundment and Vehicle Forfeiture
If you have multiple DWI/DUI convictions on your record, you may have concerns about being ordered to surrender your license plates, or even losing your entire vehicle.
- Anderson Firm:
Criminal DWI/DUI Charges
If you have been charged with driving while impaired, there will be a criminal proceeding against you. Charges range from First Degree DWI through Fourth Degree DWI. While the legal limit for a person's blood-alcohol concentration used to be .10, it is now .08. Upon being arrested, a test may be taken involving your blood, breath, or urine to determine the concentration of alcohol or other substance in your body. Even if your test is taken more than two hours after your arrest, it can still be used against you in court.
A person can be charged with driving while impaired if the person drives, operates, or is in physical control of a vehicle:
* when the person is under the influence of alcohol
* when the person is under the influence of a controlled substance;
* when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the ability to drive or operate the vehicle;
* when the person is under the influence of a combination of any two or more elements described above;
* when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is .08 or more;
* when the vehicle is a commercial vehicle and the person's alcohol concentration as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is .04 or more; or
* when the person's body contains any amount of certain controlled substances.
You can be charged with and convicted of a DWI/DUI without even driving the vehicle if you were in physical control of it. Additionally, if you refuse to submit to a test of your blood, breath, or urine, you can be charged with and convicted of a separate crime for refusing.
Implied Consent Proceeding
Upon being charged with driving while impaired or test refusal, you have a limited time to initiate an implied consent proceeding, which pertains to the revocation or cancellation of your driving privileges and the loss of your license. If you do not initiate the proceeding within the requisite time period, you will lose your chance to dispute the revocation of your license.
License Plate Impoundment and Forfeiture
If you have multiple DWI/DUI convictions on your record, you may have concerns about vehicle forfeiture as well as the requirement to obtain special license plates. Under some circumstances, you may have to surrender your license plates or your vehicle altogether. Part of your criminal defense may include advising you about your options for successfully challenge either of those requirements.
- Loftness & Anderson:
During criminal proceedings, you face economic distress and damaged personal relationships and, if convicted, you may face loss of rights, liberty and, potentially, your employment or professional license. Whether you have been cited for a minor traffic violation, arrested, or are facing serious criminal charges, you may be confused and frightened.
Anyone committing a DWI/DUI offense in Minnesota faces four possible concerns:
* Criminal charges;
* Implied consent (driver's license) revocation;
* License plate impoundment; and
* Vehicle impoundment or forfeiture.
It is important that your DWI/DUI defense addresses all of these concerns.
Criminal DWI/DUI Charges
If you have been charged with driving while impaired, there will be a criminal proceeding against you. Charges range from First Degree DWI through Fourth Degree DWI. While the legal limit for a person's blood-alcohol concentration used to be .10, it is now .08. Upon being arrested, a test will be taken of your blood, breath, or urine. Even if your test is taken more than two hours after your arrest, it can still be used against you in court.
A person can be charged with driving while impaired if the person drives, operates, or is in physical control of a vehicle:
* when the person is under the influence of alcohol
* when the person is under the influence of a controlled substance;
* when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the ability to drive or operate the vehicle;
* when the person is under the influence of a combination of any two or more elements described above;
* when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is .08 or more;
* when the vehicle is a commercial vehicle and the person's alcohol concentration as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is .04 or more; or
* when the person's body contains any amount of certain controlled substances.
You can be charged with and convicted of a DWI/DUI without even driving the vehicle. Also, if you refuse to submit to a test of your blood, breath, or urine, you can be charged with and convicted of a separate crime for refusing.
Implied Consent Proceeding
Upon being charged with driving while impaired or test refusal, you have a limited time to initiate an implied consent proceeding, which pertains to the revocation or cancellation of your driving privileges, and the loss of your license. If you do not initiate the proceeding within the requisite time period, you will lose your chance to dispute the revocation of your license.
License Plate Impoundment and Forfeiture
If you have multiple DWI/DUI convictions on your record, you may have concerns about vehicle forfeiture, as well as the requirement to obtain special license plates. Under some circumstances, you may have to surrender your license plates or your vehicle altogether. As part of your criminal defense, we will advise you what your chances are to successfully challenge either of those requirements.
- Jaspers Moriarty & Walburg: There are bad stops! There are many things that you need to do before appearing in front of a judge.
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