Legal Question in DUI Law in Minnesota

minnesota dwi laws

My son was just arrested for his ''4th'' dwi. Two in mn. one in wisc. He was walking when they arrested him, for driving a dirt bike drunk. He refused to test, so they're charging him with 2 duis. 4th offense felony. They caught up with him walking approx. 1 1/2 hrs. after he was reported driving this dirt bike. The cops did not see him drive it they're just going on a report filed. In the police rept. they claim he admited driving it,, but was brought to detox, with a .2plus, and did not know what he was even charged with. He is only 21 yrs.old and now in a sucide mode. These cops have been relentless on him. The public def. says he has 2 options, plead guilty and live with it. or not guilty and go in front of a jury, looking a 3 yrs in prision. Did the cops have the right to pick him up? The lady that called in the dirt bike missing, did not want to file any charges, he had already brought it back befor the cops arrived, and than took off running when she told him the cops were comming. He is on probation and yes violated his prob. but can they just randomly pick you up walking down a dirt road, and demand you blow. Especially since she wasn't filing charges for the dirt bike missing. He is being held without bail.(Prob.Viol)HELP


Asked on 7/30/08, 2:10 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: minnesota dwi laws

I am sorry to hear about your son's troubles, and they appear to be significant.

Four DWI offenses within ten years would be charged out as a felony under Minnesota law. This is very serious and may carry prison time with it if convicted. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process.

Almost as serious is the fact that the new charge may likely violate probabtion on his prior charges. That means he can be brought back to court on those prior charges and the Judge may sentence him to any amount of time previously stayed.

There is also a civil case that results in the revocation of his driver's license. On a fourth offense, his license will likely be cancelled as inimical to public safty and he would not be able to obtain a license for a period of years and after completing treatment.

There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures.

There are many challenges to a DWI. Obviously, they must present credible evidence at trial that he was operating a motor vehicle and that he did not become intoxicated after he did so. the challenges in that regard appear ripe gien your recitation of events. the may certainly arrest him if there is probable cause to believe he violated the law even if he was notdriving atthe time, the question becomes whether or not there was sufficient indicia of DWI to warrant such a seizure. Additionally, officers must also follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

I have over 17 years of experience with DWI defense including felony offense.

For a Consultation call us at 612.240.8005.

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Answered on 7/30/08, 2:25 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: minnesota dwi laws

Some of the best lawyers I know are public defenders. They do amazing work considering their crushing workload and numerous clients. The idea of a private criminal defense lawyer would be to pay enough to allow them to do more work than the public defende will have time to do.

The best thing you could do for your son is to help him pay for the best dwi-criminal defense lawyer possible.

Obviously there are many facts to gather and analyze when defending a client. It's just not possible to find a magic solution, quickly and cheaply, via the internet! Still, I can tell you that my win ratio in DWI cases is much higher where the police did not observe "driving." Also, drinking AFTER driving is often present in such cases, and usually helps me win the case when it did happen.

He should also be sure to serve and file a Petition for Judicial Review, of the "implied consent" revocation of his drivers license within 30 days. After that, it is too late.

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Answered on 7/30/08, 6:15 pm


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