Q&A: Minneapolis DWI Charges.
Minneapolis DWI Lawyer David R. Lundgren, partner at Lundgren & Johnson, recently sat down to answer the most pressing and essential questions folks need answers to after being arrested for DWI in Minneapolis and the surrounding metropolitan area. Mr. Lundgren has successfully represented clients on DWI charges ranging from misdemeanor fourth degree offenses to first degree felony offenses. He has also successfully represented clients in their related civil license revocation proceedings, civil motor vehicle forfeiture proceedings, and plate impoundment proceedings. Mr. Lundgren’s extensive and successful experience in representing clients accused of a Minneapolis DWI places him in a unique position to provide straightforward and simple answers to what can be a complicated and confusing problem.
Q. What is the first thing I should do after being arrested for a Minneapolis DWI?
A. Call a lawyer – immediately. More specifically, call a lawyer with experience defending Minneapolis DWI’s. Some people will joke around and give me a hard time because this answer sounds like blatant self promotion. Admittedly, there is a small aspect of self promotion. After all, I enjoy defending people, and particularly people accused of DWI in the Minneapolis area. However, the answer is mostly driven by common sense. If you have chest pain, you should go see a doctor. If your car won’t start, you should go see a mechanic. If you get a Minneapolis DWI, you should go see a lawyer who can provide you advice about your specific circumstances.
With regard to timing, contacting a Minneapolis DWI lawyer immediately is important because DWI matters have strict deadlines for various aspects of the case, and you will want to make sure you are ahead of the game. Most importantly, though, if you miss certain deadlines you will be foreclosed from pursuing possible avenues for relief, such as reversing your license revocation, the impoundment of your plates, or the forfeiture of your motor vehicle. There’s no worse feeling than being punished and suffering severe consequences just for being late to the game.
Q. What questions should I ask the lawyer about my Minneapolis DWI?
A. There is no standard script detailing what questions must be asked to a Minneapolis DWI lawyer. Instead, your Minneapolis DWI lawyer should be able to raise pertinent questions to your attention, and then answer those questions for you. In other words, the lawyer you contact should be able to provide you a roadmap. That roadmap should identify the beginning, middle stages, and end to the problem you face. It should take into account your goals, unique factual circumstances in the case, the specific charges you are facing, and legal defenses to those charges.
This process is collaborative and will require your input, but an experienced Minneapolis DWI lawyer will be able to guide you through the conversation. A roadmap often helps put people’s minds at ease by answering questions about the unknown and further providing a range of potential outcomes. It is also a thought-provoking process which helps narrow a person’s focus about their priorities, what aspects of their situation they would like more information about, and will enable and empower that person to formulate the questions most important to them.
Q. What does a typical roadmap look like for a Minneapolis DWI?
There is no “typical” Minneapolis DWI roadmap.
A. No two roadmaps are identical. Every individual has unique circumstances and unique concerns. A Minneapolis DWI lawyer should be able to tailor a plan of action that is specific to you and your situation. With that being said, there are a number of common types of issues that a Minneapolis DWI lawyer will help you address.
First and foremost, the lawyer should help you determine what your best option is to get you back on the road. For some people that is requesting a judicial stay of the administrative license revocation pending the outcome of the criminal case. This is a standardized process, with standardized criteria, that is unique to Minneapolis DWI’s and Hennepin County as a whole. While other counties also offer this relief, Hennepin County’s policy is the most structured and streamlined. A Minneapolis DWI lawyer will be able to explain that process to you, explain the advantages and disadvantages of it, make the request if it is the path you choose, and notify you when your license is reinstated. For others, the best option is to request a work permit. And still for others, the best option is the ignition interlock program. A Minneapolis DWI lawyer will help you make an informed decision about what option is best for you. Whatever you choose to do is ultimately up to you, but once you make that choice, the lawyer should inform you about the steps necessary to accomplish your objective.
Second, the lawyer should explain to you any applicable deadlines in your case. The first deadline that arises for people charged with a Minneapolis DWI is the seven day temporary license they are provided with by the law enforcement officer. The temporary license allows the person to continue to drive after the incident, but for seven days only. After that, one of the options previously discussed will need to take over, such as a judicial stay, work permit, or ignition interlock device. The second set of deadlines are the time limitations to bring legal challenges to the civil consequences of the Minneapolis DWI. These consequences can range from license revocation, plate impoundment, motor vehicle forfeiture, to cancellation of your license as inimical to public safety (legalese for a repeat DWI offender who is deemed inherently dangerous by the law). By and large, the deadline is 60 days from notice of the revocation, impoundment, forfeiture, or cancellation. However, in unique circumstances these timelines can differ. Therefore it is especially important for you to bring any notices that you have received to your lawyer’s attention so that your rights are preserved. The third set of deadlines are those for administrative review of the adverse civil consequences.
Third, a Minneapolis DWI lawyer should explain what needs to be done to challenge those adverse civil consequences. Most often, the preferred course of action is to file a petition for judicial review of the license revocation and plate impoundment, and a demand for judicial determination of the motor vehicle forfeiture in the form of a civil complaint. There are some circumstances that dictate otherwise though, and you and your lawyer will be able to discuss what is best for you.
Fourth, your Minneapolis DWI lawyer should explain to you, in detail, what potential consequences you are facing if you are convicted of the offense you are accused of. A Minneapolis DWI can range from a misdemeanor where any amount of local jail is unlikely, to a felony where the presumptive sentence is imprisonment at the Minnesota Department of Corrections. Given the vast differences on that spectrum, your lawyer should pinpoint where you fall, and give you a range of possible and likely outcomes. Along with those outcomes, your Minneapolis DWI lawyer should explain the civil consequences of your circumstances, such as the length of your license revocation or cancellation, plate impoundment, and potential forfeiture of your motor vehicle.
Fifth, your Minneapolis DWI lawyer should explain the steps that he or she will take to defend you against the criminal charges, including a description of any relevant experience he or she has. These steps should almost always include obtaining and reviewing all law enforcement reports, audio recordings, video recordings, documents about the specific testing procedure employed – whether breath, blood, or urine, a discussion with you about your recollection of the events, and a discussion with you to develop possible pretrial challenges to the evidence and defenses at trial.
Sixth, the remedial measures that you can take while your case is pending should be explained to you. A Minneapolis DWI lawyer can also explain why being proactive about completing those remedial measures is important. They often include completing a court recognized chemical health assessment, an educational course on impaired driving, and attending a Mothers Against Drunk Driving (MADD) victim impact panel.
Seventh, the Minneapolis DWI lawyer will be able to explain to you the various costs, fines, and fees that may be involved. Those costs can include legal (lawyer) fees, license reinstatement fees, application fees, license plate fees, chemical health assessment fees, ignition interlock fees, work permit fees, MADD panel fees, educational course fees, fines and surcharges, and probationary fees. An experienced Minneapolis DWI lawyer should be able to provide you with a rough idea of the costs involved so that you can make an informed decision about what you can afford to pay for legal fees. When choosing your Minneapolis DWI lawyer, it is important for you to keep in mind the costs you may incur at a later date to determine what makes the most financial sense for you and your family.
Eighth, your Minneapolis DWI lawyer should emphasize that the roadmap is flexible and can change throughout the course of representation as the circumstances dictate. Your lawyer should be willing to explore all viable avenues of defense, encourage your input and feedback, and take a tailored approach to your case to get the best possible outcome. The process will have a big impact on your life, and your input matters.
Ninth, the Minneapolis DWI lawyer you choose should explain the rights you have as a defendant in a criminal case, because they are many. The choices you make in your case must be informed by the rights that are guaranteed to you under the Minnesota and United States Constitutions. For example, the State has to meet a very high burden – proof beyond a reasonable doubt – before you can be found guilty of any crime. In order to meet that burden at trial the prosecution is required to call witnesses into court and have them testify. Their witnesses are then subject to cross examination by your lawyer. You also have the right to call witnesses on your own behalf, and you can use the subpoena power of the court to compel a witness’s attendance at trial. You have the right to testify or not to testify, and if you choose not to testify, no one can comment on that silence or hold it against you. You do not have the burden to prove anything. These are among the many powerful rights a criminal defendant has, and you should be fully aware of what those rights are, and what they would look like in your specific case, before you make important decisions about your case.
If the Minneapolis DWI lawyer that you first speak with does not stack up with what you need or expect from the professional that you are entrusting your freedom, driver’s license, reputation, and finances with, get a second opinion. Or even a third opinion. It is an important decision and you should not stop your search until you are confident you have found the right lawyer to represent you.
Q. Is it true that there aren’t many defenses to a Minneapolis DWI?
A. This is a common misconception that couldn’t be further from the truth. There are countless defenses to DWI charges, and my partner and I have successfully raised many of them on our clients’ behalves. The potential defenses are too numerous and factually specific to detail for the purposes of this Q&A, but I can outline the general types and provide a few examples.
Many defenses fall into the pretrial portion of a Minneapolis DWI case, such as the legality of the stop of a motor vehicle. Lundgren & Johnson partner and attorney Adam Johnson recently obtained a complete dismissal of all charges in a suburban Minneapolis DWI case by demonstrating to the district court that the law enforcement officer was not truthful about the basis for the traffic stop. In fact, the officer had no basis at all and chose to pull our client over simply because he was leaving a bar with a bad reputation. Other pretrial challenges include challenging the issuance and application of a search warrant if one was utilized in the case. I recently obtained a suppression of my client’s blood alcohol concentration because an officer executed the search warrant outside of the time requirements stated by the judge. The suppression resulted in a dismissal of that charge. Additional pretrial challenges include demonstrating that the science underlying an extrapolation, if one was used, is lacking. I recently obtained an order from the district court prohibiting the prosecution from relying upon a blood alcohol extrapolation that lacked sufficient information to be reliable, resulting in a dismissal of that charge. Still, other pretrial challenges include challenges to the testing process itself. I recently obtained a reduction in charges from DWI to careless driving because the officer did not conduct an appropriate observation period, and did not know the purpose of the observation period. There are many more examples of successful pretrial challenges that can and have been raised, but these are just a few illustrative examples.
The other type is trial related defenses. There are many scientific factors that can affect the validity and reliability of blood alcohol concentration evidence, whether it is in the form of a breath, blood, or urine test. While I have knowledge of many of these scientific factors based on experience in defending DWI cases, I also routinely employ the services of an expert witness with nearly four decades of experience in the field of forensic science. Whenever there is a question about the testing process or the science involved, he has definitive, credible answers. Having that scientific knowledge and resource on your side often leads to compelling defenses against the blood alcohol concentration evidence the prosecutor will offer. Other trial defenses are factually driven. For under the influence charges, the prosecution has to prove beyond a reasonable doubt that the person was impaired. That means the prosecutor has to prove that the person is so affected by consumed alcohol that the person does not possess the clearness of intellect and control of himself as he otherwise would have. As you can imagine, this can be a difficult task for a prosecutor, especially when the arresting officer does not have a firm grasp of field sobriety test administration. Again, there are many defenses that can be raised at trial, and these are only a few illustrative examples.
Q. I am charged with a Minneapolis DWI, but the officer was not a Minneapolis police officer. Why is that?
A. There are many agencies that are responsible for law enforcement in Minneapolis. Those agencies include the Minneapolis Police Department, Minneapolis Park Police Department, Hennepin County Sheriff’s Office, and the Minnesota State Patrol. There is a substantial likelihood that if you have been charged with a Minneapolis DWI, you were arrested by an officer from one of those agencies. Given the overlapping nature of each jurisdiction, it is not abnormal for any of those agencies to be involved.
On occasion, people believe they were arrested in Minneapolis, but were actually on the border and were arrested in a neighboring city such as Brooklyn Center, St. Louis Park, Edina, or Richfield. Other times, agencies team up with one another to create a DWI task force where the officers will cross jurisdictions.
Q. I was arrested for a Minneapolis DWI and my car was impounded. Where can I find it?
A. It is likely at the Minneapolis Impound Lot. You can verify whether your vehicle is there with their online search tool located here, and also determine whether it is available for pickup. Before going to the impound lot to pick up your vehicle, be sure to know what you need in order to get it out. The requirements are listed on the city’s site here, but it is always a good idea to call ahead to make sure you have everything you need to avoid making multiple trips.
Q. How does a Minneapolis DWI differ from other DWI’s in Hennepin County?
A. The largest difference pertains to non-felony DWI’s. Non-felony DWI’s are prosecuted by city attorney offices, as opposed to the Hennepin County Attorney’s Office which is responsible for prosecuting felony matters. As an example, if you are charged with a non-felony DWI offense in Minnetonka, the Minnetonka prosecutor will be responsible for prosecuting your case.
Many of the Hennepin County city prosecutions are handled by various private law firms that have contracts with the different cities to prosecute their gross misdemeanor, misdemeanor, and petty misdemeanor offenses. Some cities, such as Minneapolis and Bloomington, employ their own in-house prosecutors. There are slightly different standards and approaches that each city prosecutor utilizes for DWI prosecutions.
In addition, depending on where you were arrested for a non-felony DWI in Hennepin County, your case may be heard at the courthouses downtown, or the satellite courthouses in Minnetonka at the Ridgedale location or the Brooklyn Center location. If you have been arrested for a felony DWI, your case will be heard at the downtown courthouses, with the first appearance taking place at the Public Safety Facility and subsequent hearings taking place at the Government Center across the street. An attorney will be able to assist you in navigating through this system, which is understandably confusing for people not familiar with it.
Q. Is it normal to feel embarrassed about getting a DWI?
A. It is perfectly normal to feel embarrassed, regretful, and remorseful after a Minneapolis DWI arrest. But, don’t let that stop you from protecting your rights, obtaining a lawyer, and defending against the charges. Any experienced DWI lawyer that you meet with will listen to your concerns without judgment. To be sure, you are in a more common problem for Minnesotans than you probably think. The Minnesota Department of Public Safety reported nearly 25,000 DWI incidents statewide in 2017, of which nearly 5,900 were in Hennepin County.
The Minneapolis DWI lawyer you contact should be eager to assist you through the process. Although some lawyers may be intimidating, most strive to create a comfortable atmosphere where they can help the person begin to put the pieces of their life back together one step at a time. A DWI charge does not define a person, and a primary goal that I have in all of my cases is to help the person address any issues that have arisen so they can move past them and regain their sense of normalcy. I prefer to be tough with prosecutors, not my clients. Most importantly, a criminal charge is not a conviction, and you should not assume that just because you have been charged with a Minneapolis DWI, that a conviction will necessarily result.
Q. Can I represent myself against Minneapolis DWI charges?
A. You can, but you would likely be doing yourself a disservice. Most DWI related issues are not obvious to the average person who is not trained in the law. Retaining an experienced DWI lawyer is a good idea to ensure that your rights are protected, viable defenses are spotted, raised, and effectively litigated, that you are fully informed about the process and consequences of your decisions, and that you receive a fair and just outcome. If you are charged with a Minneapolis DWI, its neighboring suburbs, or greater metropolitan area, I am happy to speak with you about your case and encourage you to give me a call.
Call the Minneapolis DWI Lawyers at Lundgren & Johnson for a Free Consultation
Minneapolis DWI lawyers David R. Lundgren and Adam T. Johnson are eager to speak with you about your Minneapolis DWI case. You can reach them at (612) 767-9643.