Minneapolis DUI Defense Lawyer
Trusted Counsel For Your DWI Charges in Minnesota
In Minnesota, driving under the influence (DUI) and driving while intoxicated (DWI) are essentially the same charge. If you have been charged with a DWI in Minnesota, act quickly and talk to an established and experienced Minneapolis DWI lawyer. The timeframe for petitioning to challenge the revocation of your driver's license is short. Our Minneapolis DWI lawyers at Brockton D. Hunter P.A. have helped many clients successfully fight their DWI charges and reestablish their driving privileges.
It is crucial to take immediate action because the legal proceedings can be complex, and understanding your rights and options can make a significant difference in the outcome. Navigating the legal ramifications of a DWI charge requires a comprehensive understanding of both state laws and local court procedures, which is why securing competent legal counsel should be a top priority as soon as a charge is issued.
Matters Our Minneapolis DWI Lawyers Handle
Contact our Minneapolis DWI attorneys at (612) 979-1112 if you have been charged with driving while intoxicated.
Understanding Minnesota's DWI Law
Minnesota Statute § 169A.20 is the law concerning intoxicated driving.
It provides that a person commits an offense when they:
- Drive, operate, or are in physical control of a vehicle, and
- Are under the influence of alcohol, a controlled substance, an intoxicating substance they know will cause impairment, or a combination of two or more of the substances listed here;
- Had an alcohol concentration of .08 or more;
- Had an alcohol concentration of .04 or more, and they were driving a commercial vehicle; or
- Has any amount of a Schedule I or II controlled substance (except marijuana) in their system
What's important to note about Minnesota's DWI law is that a person may be charged with the offense if they were in "physical control" of a vehicle. To be in "physical control" means to have the ability to start the car without much difficulty. In other words, if someone is near their stopped vehicle and the keys are in the ignition or can easily be inserted there, they may be charged with a DWI. Thus, it's not only driving while intoxicated that's a crime. Additionally, having an understanding of how "physical control" is interpreted in court can be pivotal in your defense strategy, as it broadens the scope of activity deemed illegal under DWI laws.
What are the Degrees of DWI Offenses in MN?
There are many degrees of DWI that someone can be charged with. First-degree DWI is the most serious; it is a felony charge for three or more prior DWI convictions in ten years or a prior felony DWI. If you refuse to submit to a DWI test after being arrested for a DWI, it can be automatically classified as a second- or third-degree DWI. A fourth-degree DWI does not carry a minimum jail sentence but can include probation and fines if you are convicted.
The gradations of these charges, and the consequent legal repercussions, underline the necessity of knowledgeable legal guidance to navigate the complexities of the justice system and mitigate the potential lifelong impact of a DWI conviction.
It is possible to be charged with DWI while operating the following:
- Boats
- All-terrain vehicles
- Snowmobiles
- Motorcycles
What are Common Aggravating Factors in DWI Cases in Minnesota?
In Minnesota, the severity level of a DWI offense is determined by aggravating factors present at the time of the incident.
Aggravating factors include:
- A previous DWI conviction within 10 years,
- An alcohol concentration of .16 or more, or
- A child under 16 years of age was in the vehicle at the time of the offense and the alleged offender was more than 3 years older than the minor.
What are the Penalties for DWI Convictions in Minnesota?
DWI convictions result in a range of penalties, depending on the severity of the charge:
- Fines: Misdemeanor DWI offenses can carry fines up to $1,000, while felony convictions can reach $14,000.
- Jail Time: Sentences vary from 90 days for a fourth-degree DWI to several years for felony offenses.
- License Suspension: Depending on the offense, license revocation can range from 90 days to several years.
- Ignition Interlock Device: Some offenders must install this device to regain driving privileges.
- Chemical Dependency Assessments: Courts may require treatment programs for repeat offenders.
A Minneapolis DUI defense lawyer can argue for lesser penalties and alternatives to incarceration, such as probation or rehabilitation programs.
Is Your Driver's License Revoked in MN After a DWI?
A person arrested for driving while intoxicated may immediately face administrative penalties imposed by the Minnesota Department of Public Safety. The punishments are separate from those levied upon a conviction.
One such administrative penalty is driver's license suspension and happens when a person refuses or fails a chemical test.
The administrative driver's license suspension periods are as follows:
- First offense:
- Alcohol concentration below .16: 90 days
- Alcohol concentration over .16: 1 year
- Chemical test refusal: 1 year
- Second offense within 10 years:
- Alcohol concentration below .16: 1 year
- Alcohol concentration over .16: 2 years
- Chemical test refusal: 2 years
- Third offense within 10 years:
- Alcohol concentration below .16: 3 years
- Alcohol concentration over .16: 3 years
- Chemical test refusal: 3 years
- Fourth offense with 10 years:
- Alcohol concentration below .16: 4 years
- Alcohol concentration over .16: 4 years
- Chemical test refusal: 4 years
- Fifth or subsequent offense within 10 years:
- Alcohol concentration below .16: 6 years
- Alcohol concentration over .16: 6 years
- Chemical test refusal: 6 years
Other administrative sanctions include license plate impoundment and vehicle forfeiture. Seeking timely legal assistance can help in effectively managing these challenges to minimize disruptions to your daily life by exploring options like limited licenses or other legal remedies that could, if applicable, mitigate the harshness of these sanctions while your case is pending.
What Should I Do If I am Pulled Over for DWI In Minnesota?
If you are pulled over on suspicion of DWI, you will have an important decision to make, whether or not to consent to chemical testing to determine your alcohol concentration level. In short, it is usually best to take the test.
Under Minnesota's DWI laws, refusing to submit to the test is a gross misdemeanor. As its own crime, refusal is often very easy for a prosecutor to prove at trial. In addition to the consequences of the criminal DWI case, your driver's license will be revoked for a period of one year.
When you are arrested in Minnesota for DWI, you will have the opportunity to contact a DWI attorney in Minneapolis for a consultation. But, because test refusal is a crime, a Minnesota DWI attorney cannot instruct clients to refuse the test. In other words, DWI attorneys are not allowed to counsel a client to commit a crime. However, it is still best to take advantage of the opportunity to contact a Minneapolis DWI lawyer.
A DWI attorney can advise you on what possible consequences you are facing and what steps you can take to ensure the reliability of the blood alcohol test. For instance, an experienced Minneapolis DWI attorney might recommend privately obtaining a separate test at your own expense. Understanding your rights and the limits of police procedures during a stop can empower you to make informed decisions, and having legal representation ensures your actions are aligned with your defense strategy.
What are Minnesota's Laws Regarding Refusing to Submit to DWI Testing?
Under the law in Minnesota, each driver is required to submit to a chemical test, whether a blood, breath, or urine analysis, when they are pulled over for DWI. This law is called "implied consent." If you are driving a motor vehicle or boat, you automatically consent to taking a chemical test to determine your level of blood alcohol content (BAC).
Another circumstance where you are required to submit to a chemical test is if you are involved in a motor vehicle accident that resulted in:
- Property damage
- Injury
- or death
The test must be taken within two hours of when you were last driving or operating the boat. The officer has the right to choose which test or tests you take. Familiarizing yourself with these expectations beforehand can help you better manage the situation and your defense when encountering law enforcement under these stressful conditions.
You might also be required to participate in a preliminary breath test (PBT). Like a field sobriety test, you are not required to take PBT, but refusal could result in another set of penalties.
If an officer has requested that you take one of these tests, they must inform you that, under state laws, you are required to submit a sample and a refusal could result in a criminal charge. Understanding and respecting these legal stipulations can potentially aid in reducing further complications during your prosecution and align with a robust defense not just focused on your immediate legal issues, but also aimed at preserving your rights and minimization strategies.
Minnesota DWI laws are constantly changing. If you or a loved one has been arrested, contact a Minnesota DWI attorney to ensure your rights are protected.
Turn to Our Trusted Minneapolis DWI Lawyers
At Brockton D. Hunter P.A., we have helped many clients by providing aggressive and insightful legal representation. As Minneapolis DWI attorneys, we understand that this can be a confusing and upsetting time for you and your family. That's why we take the time to get to know you and learn how the matter is affecting you. We can use all the information we gather to develop a bold and effective defense strategy. Our commitment is to provide not only a thoughtful legal approach but also compassionate support, recognizing each client's unique circumstances and working tirelessly to alleviate concerns while pursuing the best possible outcome within the confines of the legal system.
Do you need an accomplished Minneapolis DWI Lawyer? Contact us at (612) 979-1112 to set up a FREE consult.
OUR VICTORIES
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their case might be.
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