There are numerous laws concerning Drunk Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). The criminal procedures and practice is very complicated and needs a skilled defense lawyer that can properly represent you in court. You have rights and you need someone that can protect them in the court of law. The court must prove your guilt “beyond a reasonable doubt” to convict you.
In Minnesota drunk driving is someone operating or in physical control of a motor vehicle while intoxicated from alcohol or under the influence of other controlled substances. These substances can include illegal drugs, prescription drugs and over the counter medication. If any of these causes the driver to have impaired mental facilities and/or their Blood Alcohol Content (BAC) to raise above the legal limit of .08% they can be charged and arrested for DUI or DWI.
It is very embarrassing to be arrested and charged for a DUI/DWI in Minnesota. This involves being taken to jail, being fingerprinted, and photographed. If you are facing a DWI/DUI in Minnesota, you need to be aware of the serious outcomes and resulting penalties if you are found guilty. You do not want to go to court and face the outcome going the wrong way and you paying the high price. You need proper legal help at this time to protect your rights and your freedoms.
If convicted you could lose your license, your insurance could go up or be cancelled, you could face jail time, and a conviction could interfere with future employment and freedom.
For a first time offense you could face 90 days of jail time, monetary fines, your driver’s license suspended and have mandatory attendance in alcohol education program approved by the court. The second and third DWI in Minnesota are classified as a gross misdemeanor and carry the same penalties of up to one year in prison and a fine of $3,000. For the third offense, the jail time and fine are the same however; it will also include vehicle impoundment and an alcohol abuse evaluation. A fourth DWI in Minnesota is classified as a felony and the penalties include three years in prison and fines of no less than $14,000. All offenses will come with the driver’s license being revoked for a period.
It is possible to have your driver’s license permanently revoked in Minnesota if you are a habitual offender. You will need to prove to the court that you have been rehabilitated in order to get your driving privileges back.
The court may also take away the offender’s license plates or have the driver’s vehicle forfeited or impounded.
Jail times increase if the driver has a blood alcohol concentration (BAC) level above .20% or while having a child under the age of 16 in the vehicle.
An experienced DUI/DWI lawyer will know the steps needed to appeal the administration license hearing. This may allow you to keep your driver’s license in order to continue to go to work or school.
Police officers generally cannot stop your car and ask to give you a sobriety test without probable cause. But the police officer does not have to believe you are intoxicated t...