YOU WERE ARRESTED FOR DRIVING WHILE IMPAIRED (DWI)
The situation is more common than you may believe. You might have had a couple drinks at happy hour with your colleagues, enjoyed a few beverages at a Vikings, Twins, Wild or Wolves game, or were out with your loved one for dinner and a show. You thought you were fine to drive home, but you were stopped by law enforcement for a minor traffic infraction.
To your surprise, the officer had you complete some roadside tests and arrested you on suspicion of DWI.
Once at the station you either submitted to a chemical test to determine your blood alcohol concentration or refused to take the test. If you refused, your license was revoked.
If you submitted to a test, your license was revoked because you failed the test by providing a sample that was .08 or more. The arresting officer gave you a seven day temporary permit to continue driving for the next week.
YOU WILL NOT BE ABLE TO DRIVE AFTER SEVEN DAYS
Your license will be revoked after seven days from the date of your arrest. You will no longer be able to legally drive. However, if you follow the seven steps below, you may be able to regain your driving privileges outright, or with certain conditions.
The lawyers at Lundgren & Johnson are well versed in the intricacies of Minnesota’s DWI laws, and are willing to speak with you at no cost to explain what options are available for you.
SEVEN ESSENTIAL STEPS YOU CAN TAKE TO GET BACK ON THE ROAD IMMEDIATELY – AND HOPEFULLY STAY THERE.
1.FILE A PETITION FOR JUDICIAL REVIEW. You have a right to have a judge review the officer’s decision to revoke your license. You must take advantage of this opportunity. If you don’t, the revocation will be permanent and will remain on your driving record for the rest of your life. A judge will review the factual circumstances of your license revocation only if you file a petition within 30 days. If you wait longer than 30 days, you’re out of luck – no exceptions.
2.REQUEST A STAY OF YOUR LICENSE REVOCATION. Many counties in the Twin Cities metropolitan area will offer drivers the ability to continue driving until they are afforded a hearing on their petition for judicial review. This can mean months of driving as if your license was not revoked. This opportunity is incredibly valuable, but there’s one catch: you have to ask. If your request is granted, then you’re back on the road, at least temporarily. Either way, you’ll need to complete some additional steps if you want your license to remain valid.
3.OBTAIN ALL OF THE EVIDENCE IN YOUR CASE. You must obtain and review all of the evidence in your case. There are countless challenges an experienced criminal defense lawyer can make regarding your license revocation. You have an undeniable right to the evidence and there is no reason not to take advantage of that right. If the officer did not follow the law or the evidence does not support revocation of your license, you can avoid a lengthy, costly, and burdensome license revocation.
4.PREVAIL AT YOUR IMPLIED CONSENT HEARING. Once you file the petition, request the stay of revocation, and obtain all of the evidence in your case, you are ready to proceed with the “Implied Consent” hearing. This is the hearing where a judge will review any evidence and arguments you present about your license revocation. If you win this hearing, then your license revocation will be removed from your record. As long as you are not convicted of DWI in a criminal courtroom, your license will not be revoked.
5.PREVAIL IN YOUR CRIMINAL CASE OR PLEA TO LESSER CHARGES. Just as important as prevailing at your implied consent hearing is prevailing against the criminal charges that will be filed against you, or at least pleading to charges that do not carry mandatory license revocation, such as careless driving. Just like the Implied Consent hearing, an experienced DWI lawyer will be able to raise challenges to the case against you. However, you can take some additional action that will assist your lawyer in negotiating lesser charges should those challenges fail.
6.TAKE PERSONAL REMEDIAL MEASURES. Immediately after being arrested for DWI, it is wise to do some personal evaluation of the circumstances that led to your arrest. Not only will it be beneficial for you, but it will also assist your lawyer in representing you. Those steps are to complete a chemical health assessment, follow the recommendations, and complete a Mothers Against Drunk Driving victim impact panel. These are the universal minimum expectations of Twin Cities judges and prosecutors, and completing these tasks as soon as possible will be an invaluable asset for you and your lawyer. The lawyers at Lundgren & Johnson have resources available for you to help you complete each one of those tasks.
7.IGNITION INTERLOCK. If all else fails, you will most likely be able to continue to drive in Minnesota if you have Ignition Interlock installed in your vehicle, depending on your driving history. Although costly and embarrassing, it will at least get you back on the road. If you have questions about your ignition interlock eligibility, call one of the lawyers at Lundgren & Johnson to assist you in making that determination.
You never thought you would be arrested for DWI. Instead of feeling sorry for yourself and the situation you have found yourself in, call one of the experienced Twin Cities DWI lawyers at Lundgren & Johnson to protect your rights, get you back on the road, and hopefully keep you there. Call (651) 888-2937 right now to schedule your free consultation – we are available 24 hours a day, 7 days a week.