Legal Question in DUI Law in Minnesota

I was wondering what I can do to not get Whisjey plates I just got a DWI it is my secon in 10 years my first one was in 2003 9 years and 1 month ago, so is there any way I can fight to not get whiskey plates also i was wondering what was gonna happen to me in your opinion ex. jail time fines pobation ect...

Asked on 11/05/12, 11:29 am

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Thank you for the inquiry.

You would have to challenge the license revocation and plate impoundment to avoid the impoundment of plates and loss of license. The challenges would depend on the facts of the case.

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 and a plate impoundment. On a second offense in ten years, you may be revoked for up to six months and your plates may be impounded for one year. 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.

Other points of a defense anaylsis 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 20 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 11/05/12, 2:34 pm

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

I strongly recommend that you immediately confer with an attorney of your choosing. You may make an agreement for a limited consultation with ab attorney. I suggest that you make several phone calls to attorneys because it is critical that you feel great trust and safety with the attorney. I urge you to confer with an attorney as quickly as possible because in a situation such as you describe there are multiple critical time deadlines after which you may forever lose certain rights. I note that you face both criminal and civil legal issues and consequences, as well as multiple possible 'collateral' consequences.

Tricia Dwyer, Esq.

Tricia Dwyer, Esq. & Associates PLLC

Phone 612-296-9666 every day of the year until 8 p.m. daily

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Answered on 11/05/12, 3:05 pm

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