Legal Question in DUI Law in Minnesota

Re: Dwi

There's a possibility of getting the charge reduced if you go in with a lawyer instead of on your own.

These days there are also serveral possible defenses you should perhaps consider, not the least of which is a controversy over the source code for the breath machine.

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Re: Dwi

It's best to hire a good DWI defense lawyer, challenge the "implied consent" administrative license revocation within 30 days, win it; and avoid an alcohol-related criminal conviction. That would save you several thousands dollars, to dozens of thousands of dollars, in increased insurance costs alone.

Fines and jail penalties are insignificant in comparison.

Why not fight and try to win?

Re: Dwi

Your breath test is low enough that you might have a chance at beating this charge or getting it reduced to a non-alcohol offense like careless driving. It really can't be done properly without an experienced DWI lawyer, which I'm sure you're not surprised to hear me say. Especially right now in Minnesota, there are some very time-sensitive unique challenges to DWI tests. Do an internet search for "source code Minnesota" and you'll see what I mean. Our office is having a lot o success with that issue, and there are many other issues out there to contest as well. Another nice thing about having an attorney for a first time offense is that your attorney can handle your DWI case for you if you have to move to another state. Usually this can be accomplished without you returning to Minnesota for court, even if the case cannot be beat completely. The fines and consequences for a first time DWI are not that difficult to deal with; it's the DWI on your record for the rest of your life that causes the most pain in your scenario.

Re: Dwi

Thank you for the e-mail.

If you had a Blood Alcohol Content over .08 but under .20, and if you do not have a prior DWI within 10 years of the current offense, you were charged with a fourth degree offense. This is a misdemeanor and carries with it maximum criminal penalties of 90 days in jail and a $1000 fine. 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 first offense, you may be revoked for up to 90 days. 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.

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.

� 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.

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