Legal Question in DUI Law in Minnesota

Re: dwi & seizure of vehicle

A second DWI in ten years with a BAC over .20 is a very serious offense. At a minimum, it is a second degree offense. A second degree offense is a gross misdemeanor which carries with it maximum possible penalties of a year in jail and a $3,000 fine. If convicted, there are also mandatory minimum sentences. If found guilty, thirty days is not unsual. Obviously, penalties may be significantly greater. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county.

A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation. This MUST occur within 30 days after you were ticketed. In that judicial review, the challenges are the same as those made in the criminal case.

The owner of the vehicle must sue the state within thirty days of the forfeiture notice to challenge that forfeiture. If she can demonstrate that she had no knowledge that you would use the vehicle to violate the law, she may prevail on the challenge so long as you were not driving with a revoked, suspended or cancelled license.

There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. In your case, the stop of your vehicle appears very suspicious. Some of the challenges include:

� Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

� Probable Cause to arrest and charge. the officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

� Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

� Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary fro true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

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Re: dwi & seizure of vehicle

There are many potential defenses to a vehicle asset forfeiture case following a DWI arrest. These would depend upon the specific facts and circumstances of the particular case. I have won cars back in cases where even I initially had little hope. The best idea is to get the best DWI lawyer you can to help.

FFI: http://www.liberty-lawyer.com/dwiduidrivingrelated.html