DWI

Minnesota DWI Attorney

Driving while intoxicated is nothing to be trifled with in Minnesota. Serious criminal charge consequences can occur related to this crime. Those accused of DWI in Minnesota can face time in prison, fines of several types, and other fees. If you find yourself in a DWI situation, the best action you can take is to obtain the assistance of an experienced Minneapolis DWI attorney who can fight your DWI charges and aggressively work toward helping you get the justice you deserve.

Do not get discouraged. A knowledgeable Minnesota DWI lawyer will fight the charges and work toward achieving a better future for you and your family.

DWI in Minnesota

So many elements come into play when dealing with a DWI in our state, the cases can become extremely complex. Here is what we mean by that statement. The arrest process used by the police officers involved in your case must have been performed in exactly the correct manner. If evidence is handled improperly, it is not unusual for the evidence to be thrown out by the courts. Blood and urine testing can also be scrutinized and then challenged. Police may mistake a medical condition for inebriation. Prosecutors may attempt to use a preliminary breath test as evidence when it is inadmissible at trial, and so forth.

What Constitutes a DWI in Minnesota?

Minnesota’s DWI law explains that it is a crime to operate, drive, or be in physical control of a motor vehicle anywhere in the state if the driver is

  • Under the influence of alcohol, a controlled substance, or an intoxicating substance
  • Tested and has a blood alcohol concentration (AC) of .08 or more at the time or within two hours of driving
  • Tested and has any amount of the metabolites of a schedule I or II controlled substance (other than marijuana)
  • Driving a commercial motor vehicle while having an AC of .04 or more at the time or within two hours of driving
  • Refusing to submit to a chemical test of his or her blood, breath, or urine

DWIs in Minnesota have four chargeable degrees. The degree with which you are charged is based on what are called aggravating charges, that include:

  • Fourth Degree – A misdemeanor with no aggravating factors, such as driving with an AC of .20 or more; previous DWI convictions within a ten year period; arrested with an AC of .16 or more; driving while under the influence of alcohol or drugs while a child under the age of 16 is in the motor vehicle
  • Third Degree – ( a gross misdemeanor) Refusing to take a breath, blood, or urine test
  • Second Degree – ( a gross misdemeanor) Test refusal and one additional aggravating factor; DWI with two aggravating factors
  • First Degree – ( a felony) Fourth impaired driving incident within ten years; an arrest following a previous felony DWI or COV

Consequences of a DWI in Minnesota

A DWI offense can result in the following ramifications:

  • Refusal of testing by a driver results in the revocation of the person’s license or permit to drive.
  • If a person fails the AC test because of an AC of 0.08 or more, or the presence of a controlled substance in Schedule I or II, the person’s license or permit to drive is revoked.
  • If a commercial motor vehicle driver tests at a level of 0.04 or more, he or she will be disqualified from operating a commercial vehicle.
  • If an unlicensed person is found to have a test level of 0.08 or more, the state will deny the person an issuance of a license or permit.
  • Having a driver’s license reinstated after a DWI or a Criminal Vehicular Operation (which includes a negligent act, leaving the scene of an accident, the seriousness of the victim’s injuries, or other elements) may take place after the driver has passed the license examination, reapplied for a driver’s license, and the following fees are paid:

$250 – driver’s license reinstatement fee

$430 – reinstatement surcharge

$26.25 – driver’s license application fee

Contact A Golden Valley DWI Lawyer Today

Stop worrying and contact us today. Attorney Barry Hogen is ready to help you, or someone you love, find a way to get past this difficult situation. Learn more about Mr. Hogen’s results in court and let him use his expertise and experience to get the justice you deserve.  The Law Office of Barry Hogen will listen to what you say, keep an open mind, and treat you compassionately.