Minneapolis, Bloomington & Edina, MN DWI Lawyer

DUI / DWI law information

The legal limit in Minnesota is .08. A first DWI offense with a reading of less than .16 is a misdemeanor level offense, provided there are no aggravating factors. There is a civil side to a DWI/DUI offense, which is the license revocation. To read about the potential penalities you face if convicted with a DWI charge, see my DWI sentancing and manditory minimums page.

Enhancement: DWI is considered to be an enhanceable offense. What this means is that every DWI a person gets is treated more serious than their prior case. The lookback period is 10 years. Other factors that also make a new DWI more serious on the Criminal side of the case are:

  • Test Refusal which is refusing the breath test down at the police station.
  • Having a child in the vehicle under the age of 16.
  • Test result of .16 or more on the Breath Test Data master (DMT) machine.

As a direct result of the Missouri v. McNeely case, the Minnesota Supreme Court has now held that a driver who refuses a blood or a urine test will not be convicted of test refusal UNLESS the police requested and sought a search warrant from a Judge. Because search warrants signed by a Judge are now required in these types of cases, the police now request blood and urine tests less frequently than they did in the past. The Minnesota Courts of Appeal have ruled that blood and urine tests are invasive searches and, for that reason, search warrants are required in those types of cases.

Contesting the Driver’s License Case: I strongly urge all my clients to contest the Driver’s License side of the DWI also. This is called the Implied Consent hearing and the issue in these cases is whether the Dept of Public Safety was correct in revoking or cancelling person’s driver’s license. If the driver wins this hearing, then he or she is entitled to get their license back if that has not already happened and to have all references to the revocation or cancellation of the DL taken off their driver’s license record. For a win in the Implied Consent case to win anything, the driver also has to have his Criminal DWI case either dismissed or reduced to careless driving. So, the Civil Case and Criminal case separate, but not entirely so.

Why You Need a Lawyer on Your Side

It is important that a person with a DWI charge contact an experienced attorney shortly after being cited for a DWI/DUI because if the defendant misses a deadline he or she loses the opportunity to contest the revocation or cancellation of his or her driver's license. In addition tothe civil side of an attorney working to preserve your license, we can also challenge the circumstances and or evidence around your DWI arrrest. Each circumstance is unique, which is why the best way to build a defense to your DWI charge is to talk about the elements specific to your case.

Some of the possible defenses to a DWI include:

twin cities DWI defense lawyer
  • Did the officer had the right to pull you over?
  • Was the breathalyzer was properly maintained, callibrated and administered?
  • Whether or not the BAC evidence can be challenged
  • Additional possible defenses around your specific situation

Costs of NOT hiring a lawyer

While you may have heard from family and friends that hiring a DWI defense lawyer can be expensive, it's important to understand that NOT hiring a lawyer can have far greater consequences, including, but not limited to:

  • Higher insurance premiums
  • License forfeiture / revocation / suspension
  • Loss of commercial driver's license
  • Limits on future employment opportunities
  • Fines
  • Time spent in jail

Call Today - Free Consultations

If you have been charged with a DWI in the Twin Cities metro area (Bloomington, Richfield, Minneapolis, Edina, Eden Prairie, Golden Valley, Plymouth, etc), contact me for a free initial consultation. I can review your case and the circumstances around your pull-over and work with you to develop a plan to move forward. Working with an experienced and effective DWI lawyer significantly increases the liklihood you will receive the best possible outcome. Call me for a free initial consultation at either my St. Louis Park or Richfield office locations at 952-447-1600 or my cell phone at 612-804-4512 to take the first step towards putting this all behind you.