Legal Question in DUI Law in Minnesota

i got a 3 rd degree dwi, and have never been in trouble before, can you tell me how to plea bargain it down because i have to represent myself. i would like it to not go on my drivind record and not be on my criman record either. do you think i could ask for a stay of adjudication.


Asked on 11/16/10, 12:24 pm

2 Answers from Attorneys

Landon Ascheman Ascheman Law

You could ask for one, but it would be next to impossible for that to occur without some pretty unique facts on your side. The best advice I can give you is to contact an attorney that deals with DWIs to review your case and see what can be done for you.

Feel free to contact our office if you would like a free consultation. 612-217-0077

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Answered on 11/21/10, 3:07 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Thank you for the e-mail.

No one can tell you how to acquire a plea agreement. Lawyers attend years of school and even more time in practice developiong the skils to review and constest charges. that is not information that can be conveyed in a post where no information is available. That is also why you should hire counsel.

If you had a Blood Alcohol Content over .20, or if you have a second DWI within 10 years of a first, you were charged with a third degree offense. This is very serious and carries with it maximum criminal penalties of one year in jail and a $3000 fine. If convicted there are also mandatory minimum penalties of $1000 and 30 days in jail. 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.

There is also a civil case that results in the revocation of your driver's license. On a third degree offense, you may be revoked for up to six months. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense.

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

Some points of defense review 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 from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

I have more than 17 years of experience in defending against DWI charges. We have affordable legal fees and provide aggressive representation.

Call for a FREE Consultation call us at 612.240.8005.

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Answered on 11/22/10, 11:57 am


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