Minneapolis DWI Lawyers
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- Minnesota Criminal Attorney:
Minnesota criminal lawyer serving the Twin Cities of Minneapolis & St. Paul.
- Minneapolis Criminal Lawyer: Is it important to hire a lawyer in a DUI - DWI case? Yes, it is worth fighting back after an arrest on suspicion of DWI in Minnesota. Why? For the person with no similar priors, they are looking at high insurance costs for the five years after a DWI arrest. The cost of hiring a good DWI defense lawyer is only a fraction of that cost. In order to avoid the high-risk high premium auto insurance costs, all alcohol-related events must be removed or kept off the "driving record" kept by the Minnesota Department of Public Safety. That means (1) making a legal challenge to the "implied consent" administrative license revocation; and (2) defending the criminal-DWI charge so that no alcohol-related conviction results - both. You only have 30 days from the date of the license revocation - in breath test cases normally the date of the arrest - within which to serve and file a challenge to the implied consent license revocation. You'll need a lawyer's help with that. If you do it on the 31st day, it won't do any good. Even one day past 30 days and it will be too late. You would be well advised to meet personally with a DWI defense lawyer to discuss the details of your case, as well as to learn some of the basic information about defending these cases. Gallagher offers a free one-hour initial office consultation on cases like these. You are welcome to call him to make an appointment at 612-333-1500. Keep in mind that time is of the essence in these cases.
- Martin Law Offices: RULES TO FOLLOW IF STOPPED FOR A DWI OR DUI: Give the officer 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, Contact a lawyer before you test at the police station, and Continue to politely refuse to make any statements. Drunk Driving and Driving Under the Influence charges can carry serious penalties including loss of license, significant fines, license reinstatement fees, surcharges, probation, and even jail time. Repeat offenders may face even greater penalties. In addition to costs from the state, you may also incur increased insurance premiums. Whether you are a first time offender or you are being charged as a repeat offender, an experienced DWI / DUI defense lawyer in Minnesota can mitigate charges and the penalties associated with your charge. Before you are faced with the serious financial consequences of a DUI or DWI conviction, you have the opportunity to challenge those charges with a thorough examination and investigation of the offense. An experienced attorney in Minneapolis or St Paul can effectively challenge the evidence presented against you and work to see your charges dropped or reduced.
- Carey Law Firm:
It is very important to the outcome of your case that you consult with a Minneapolis DWI attorney as soon as possible after your DWI arrest. Even if you are only facing fourth-degree DWI charges, you still face a sentence of up to 90 days in jail and a maximum fine of $1,000 fine.
Third-degree and second-degree DWI are gross misdemeanors, where the defendant has had at least one prior DWI conviction in the last 10 years, an alcohol-related license suspension, or the defendant refused a BAC test. A conviction for DWI in the third degree is up to one year in jail and up to a $3,000 fine. A conviction for DWI in the second degree is up to one year in jail and up to a $3,000 fine.
- Torres, Degree & Associates: A DWI or DUI offense involves driving a motor vehicle while under the influence of alcohol and is a serious offense in the state of Minnesota. Drunk driving is responsible for many automobile accidents that result in fatalities. Many of these fatalities were not the ones drinking and driving, but their deaths were caused by drunk drivers. It is important to note that a DWI or DUI is not limited to a car or a truck. A person can be charged with DWI or DUI when driving a motorcycle, snowmobile, or a boat under the influence of alcohol. There are four degrees, or categories, or drunk driving offenses: * First Degree Felony * Second Degree Gross Misdemeanor * Third Degree Misdemeanor * Fourth Degree Misdemeanor Which is charged depends on previous offenses and if any aggravating factors are present. No matter what, you may need a powerful Minnesota DWI/DUI defense attorney to assist you. Aggravating Factors Aggravating factors can make a world of difference in your case. When you have been charged with drunk driving and you feel that the charges are unfair or your livelihood is threatened because of the charges, then a Minnesota DWI/DUI defense lawyer can help you obtain better results. Here is a look at aggravating factors that can worsen the charges against you: * You have had a prior impaired driving incident within the 10 years preceding this latest offense. * Your alcohol concentration was said to be .20 or above by the arresting officer. This is also an aggravating factor if the .20 level is recorded 2 hours after the offense. * A child under the age of 16 was in the vehicle or the child is more than 36 months younger than the driver. Degrees Of DWI In Depth A First Degree DWI in Minnesota is charged when the drunk driver has had three or more drunk driving offenses in the 10 years preceding this offense. This is also the case when the person has been convicted of a previous felony DWI in Minnesota. A Second Degree DWI occurs when the arresting officer finds that two or more aggravating factors were present at the time of the offense. A Third Degree DWI occurs when one aggravating factor is present at the time of the drunk driving offense. A Fourth Degree DWI occurs when a person is driving any vehicle type while under the influence of alcohol (a blood alcohol concentration of .08 or above). This is also the case when under the influence of a controlled substance or hazardous substance. Minnesota DUI/DWI Attorney If you have been charged with a DUI or DWI in Minnesota, you need a powerful Minneapolis DUI/DWI attorney to stand by your side. Guilty or not, it is important to know that such an offense can have tough consequences, such as losing your job and having difficulty obtaining a new one.
- North Star Criminal Defence 1st Degree DWI
1st degree dwi1st degree DWI in Minnesota is a felony offense. Unlike the previous levels of offense, a felony does not rely upon “aggravating factors.” Instead, a felony results when the defendant has: (1) 3 or more “qualified prior impaired driving incidents” within the previous 10 years, (2) a previous felony DWI conviction; or (3) a certain prior criminal vehicular operation felony conviction. Because a previous felony DWI conviction can be used to enhance any future DWIs, once you are a felon, you are always a felon for DWI purposes. The number of priors within ten years is irrelevant at that point for future DWIs. The maximum penalty carries up to seven years in jail and/or a $14,000.00 fine.
If you’re convicted of a 1st degree DWI, you will almost certainly face jail time. While the State may seek prison time, the amount of time you will need to serve will depend on the circumstances of the DWI and past DWI convictions. With that being said, it is possible to limit this exposure based upon potential proactive steps – such as chemical dependency treatment and programming – which may lead to much more lenient sentencing, including significantly less jail time.
Additionally, your driver’s license will be revoked for an extended period of time. The typical revocation period is four years but if you cannot demonstrate sobriety in this time it will be lengthened. If your license is reinstated, there is a no tolerance policy for driving with any blood alcohol concentration. This policy will last for 10 years before you may be granted a regular license
- Minneapolis DWI Attorney - Minnesota DWI Lawyers and Attorneys at Caplan Law Firm practice in the areas of drunk driving, DUI, DUI, SWI, BWI and overall criminal defense throughout Minneapolis, St Paul, and Twin Cities.
- Schaefer Law Firm: * Violent crimes of homicide or assault * Sex crimes, including Internet solicitation or child pornography * Domestic violence * Weapons charges * State or federal drug charges * White collar crimes from embezzlement to public corruption * Fraud charges of all kinds * Motor vehicle felonies * Criminal charges against corporations and businesses * Drunk driving and driver's license suspension problems * Grand jury investigations
- Dejvongsa, Myers & Associates: * Family Law: divorce, paternity, child custody, child support, alimony/spousal maintenance, parenting time/visitation, termination of parental rights * Domestic Abuse / Orders for Protection * Harassment Restraining Orders * Criminal Defense: assault, drug possession and sales, weapons charges, burglary, robbery, theft * DWI (Driving While Intoxicated) * Traffic Tickets / Traffic Violations / Speeding Tickets * Immigration - naturalization, fiance petitions, family petitions, and deportation/removal * Contract Drafting / Contract Review * Personal Injury / Car Accidents * Housing Law / Landlord & Tenant / Evictions * Unemployment Compensation * Small Business Development & Incorporation * General Civil Litigation
- Kurzman Grant: Almost everything we do—from making a purchase, to driving a car, to interacting with others—is affected by the law in some way. But clearly we don’t need a lawyer for all of these everyday interactions. When do you need a lawyer? When can (or should) you handle a matter on your own?
- Hall, Aaron: Criminal attorney work is about defending basic freedom and liberties, some of our most important rights. When you hire a criminal defense attorney, you want someone who understands the complexities of Minnesota’s criminal law, knows how to use the Constitution to protect your rights, communicates effectively to a judge or jury, knows the criminal law system, and has experience. Counsel and Advice An experienced criminal defense attorney will fight for your rights and explain the process in simple terms, so you make key decisions during the process. You need an experienced criminal law attorney who knows criminal procedures, laws in Minnesota, and how to effectively maneuver clients through the legal system. To ensure your rights are protected, have a trusted attorney defend your case and guide you through the legal system. Your case may involve a number of stages: * Arrest * Arraignment * Appeal * Appearances * Charging * Expungement (expunge a criminal record) * Grand Jury * Hearings (Preliminary Hearing, Bail Hearing, Omnibus Hearing, Probable Cause Hearing, Sentencing Hearing, Evidence Hearing, etc.) * Pleas * Plea Bargaining * Pre-Trial Conference * Sentencing * Trial Whatever the stage, we can defend your rights and fight for you. We offer a full range of criminal defense services. Criminal Charge Defense Areas: * Aiding and Abetting * Assault * Battery * Burglary * Criminal Damage * Domestic Assault * Drinking Charges * Drug Charges * DUI * DWI * Embezzlement * Extortion * Federal Crimes * Felony * Fraud * Juvenile Delinquency & Juvenile Crimes * Kidnapping * Manslaughter (Voluntary and Involuntary) * Misdemeanor * Murder * Personal Injury * Probation Violations * Property Crimes Rape * Robbery Sex Crimes * Sexual Assault & Abuse * Theft * Traffic Tickets * Underage Consumption * Violent Crimes * White Collar Crimes
- Fay & Assoc.: If you have been arrested on drunk driving charges, you will face both criminal and administrative concerns. With a limited time to take action and save your license after your arrest, you will have to file for a hearing with the DMV.
- Carlson, Martin: Any time a person is arrested for DWI in Minnesota, they face more than just an inconvenient driver’s license revocation. Having a DWI on your record can mean jail time, job loss, financial distress, and lost future opportunities because of the stigma that comes with having a criminal record. Minnesota’s DWI laws are comprehensive and carry severe penalties – more severe than many people realize. Disputed legal questions are typically resolved in favor of the State. If you are arrested for DWI in Minnesota, you need to seek legal advice quickly, and you need an attorney who is knowledgeable about this highly-specialized area of law, as well as someone who has the courtroom skills necessary to obtain the best possible result.
- Cloutier & Brandll: Being charged with a crime is a frightening and confusing experience.
- Dunnwald & Peterson: You should consult an attorney for individual advice regarding your own situation.
- Martineau, Gonko & Vavreck: In addition to criminal consequences, you face an immediate threat to your driving privileges from the Department of Motor Vehicles. This civil procedure is separate from your criminal case, and your driver's license can be suspended even if you are found not guilty of the criminal DWI/DUI/OUI charge. You only have 30 days after arrest to challenge the revocation of your driver's license. Drinking and driving is not illegal in Minnesota or Wisconsin. However, you can be charged with DWI/DUI/OUI if your blood alcohol content (BAC) measures more than 0.08 percent. If you have a commercial driver's license, you can be charged if your BAC measures 0.04 percent. However, breath test machines are not infallible, and those results can be challenged in court for a variety of reasons. The police must have a legal reason to pull you over and cannot arrest you for DUI/DWI/OUI without probable cause. The police will ask you incriminating questions such as "Have you been drinking?" without any Miranda advisement of your right to remain silent and your right to consult with an attorney. The officer may then subject you to a series of field sobriety tests. These tests are difficult to perform when sober and nearly impossible for anyone to pass after having just a couple of drinks. You do not have to answer incriminating questions, and you do not have to take field sobriety tests. If you do, you will likely give the police evidence to use against you.
- Edlund, Paul*: The legal system can be frustrating and frightening. You will face challenges that overwhelming when you are charged with a criminal offense.
- Bulmer, William: It is a crime for any person to drive, operate, or be in physical control of a motor vehicle, within this state or upon any boundary water of this state, while the person is under the influence of alcohol, a controlled or hazardous substance, or a combination of the two, or the person has an "alcohol concentration" of 0.08 or more. For a rough calculation of your BAC based upon your drinking habits, try using the “Drink Wheel”. The term motor vehicle means more than the typical vehicle you see on the highway. A motor vehicle can include: a motorboat, a farm tractor, an ATV, a snowmobile, a riding lawn mower, forklifts, scooters, etc. As you can see, the list goes beyond your average car or truck. Various Degrees of DWI/DUI Minnesota law divides the crime of DWI/DUI into various degrees based on the severity of the offense. Š 4th Degree (Misdemeanor): First DWI/DUI or license revocation offense within the past 10 years, without any aggravating factors present. Š 3rd Degree (Gross Misdemeanor): Second DWI/DUI or license revocation offense within the past 10 years OR first offense within the past 10 years plus 1 aggravating factor present. Š 2nd Degree (Gross Misdemeanor): Third DWI/DUI or license revocation offense within the past 10 years OR first offense within the past 10 years plus 2 aggravating factors present. Š 1st Degree (Felony): Fourth or more DWI/DUI or license revocation offense within the past 10 years. Aggravating Factors Minnesota provides certain conditions which, if present at time of arrest, can enhance an otherwise misdemeanor DWI/DUI offense into a much more serious offense. These aggravating factors are: (1) a prior DWI/DUI conviction or prior license revocation within the past 10 years; (2) having an alcohol concentration in excess of .20 BAC; and (3) having a child in the motor vehicle under 16 years old if the driver is 3 years older than the child. Criminal Penalties A misdemeanor DWI/DUI conviction carries a penalty of up to 90 days in jail, a $1,000 fine, or both. A gross misdemeanor conviction carries a penalty of up to 1 year in jail, a $3,000 fine, or both. A felony conviction carries a penalty of up to 7 years in prison, a $14,000 fine, or both. In addition to the penalties above, a criminal conviction for DWI/DUI can include: probation, court ordered treatment, M.A.D.D. impact panel, AA/NA, restitution, and community service. Civil Penalties In addition to criminal penalties, a person conviction of a DWI/DUI offense can face serious civil consequence including, but not limited to: loss of driving rights, loss of license plates, loss of motor vehicle, increased insurance premiums or loss of motor vehicle insurance, and loss of employment. Nearly 50,000 DWI/DUI arrests each year – and growing Minnesota has some of the most complex and extensive laws on its books as it relates to DWI/DUI. The state legislature passes new bills nearly every year affecting DWI/DUI law. DWI/DUI cases are complex. Each case is different. The smallest circumstances of each case can greatly affect the outcome of any given case. It is important you speak to an attorney immediately if you are facing a DWI/DUI arrest. Take Action Now If you, or someone you know, have been charged with a DWI crime in Minnesota, you need to retain the services of a qualified, passionate and knowledgeable criminal defense attorney who will be your voice in the criminal justice system and who has a successful track record when it comes to fighting DWI charges in the state of Minnesota. When you face such life-changing consequences, you cannot risk being without trustworthy, aggressive legal representation.
- Nepp & Hackert: If you have been charged with DUI — a term used to describe "driving under the influence" or drunk driving — it is very important to know the consequences you may face. In Minnesota and across the nation, enforcement and penalties have increased dramatically in recent years.
- Meshbesher & Associates: Driving Under the Influence • Drunk Driving Arrest The Downside of Drinking Minnesota drunk driving charges are no joking matter. The recent changes in state law coupled with pressure from MADD and other proactive organizations have resulted in harsher penalties for drunk driving. Beyond the potential loss of driving privileges, there is the criminal aspect of Minnesota DUI capable of permanently damaging your future. Minneapolis DWI - A Risk Not Worth Running Many individuals charged with Minnesota DUI opt to represent themselves. Although this may save you attorney fees, it pales in comparison to the cost of losing your freedom. If you have been arrested in Minneapolis or Minnesota for DWI, you have the right to contact a criminal defense lawyer right away. The only way to guarantee your side of the DUI story will be justly presented is with a seasoned, Minnesota DUI attorney. Recent Changes to Minnesota DUI Laws Before you plan an event that includes alcohol consumption, you may want to first consider the penalties that exist in case you are arrested for Minnesota drunk driving. In recent years, Minnesota DUI laws have changed dramatically causing otherwise free individuals to now face strict criminal consequences. Laws You Should Know o The legal limit for blood alcohol levels has been lowered from 0.10 percent to 0.08 percent, making Minnesota DUI arrests that much easier. o According to tougher Minnesota DUI laws, repeated drunk driving convictions (in excess of three) will be considered felonies, with the minimum fine amount increasing from $10,000 to $14,000 and mandatory 3-7 year prison sentences. o Repeat Minnesota DWI offenders can expect mandatory sentencing, including 30 days for the second offense and up to 365 days for additional offenses. o Minnesota Implied Consent laws now permit police officers to initiate the process of revoking your driver's license, increasing the need for skilled Minnesota DUI representation. o Repeat offenses can lead to longer periods of license revocation, license cancellation, impoundment of license plates and forfeiture of your vehicle. A Chance for Justice The bottom line is, the tougher the drunk driving laws, the more penalties will be imposed, making it that much more difficult to secure a winning defense. Minnesota DWI laws are both strict and uncompromising, designed to keep drunk drivers off the road. Without proper representation... your chances of securing justice and protecting your future are slim.
- Schmidt, Carolyn: he legal process can be an uneasy experience filled with uncertainty and frustration. Take the first step toward a solution by selecting an experienced and skilled lawyer.