Minneapolis DWI Lawyer | Minnesota DUI Attorney
If you’ve been charged with DWI in Minnesota, a DWI lawyer from our firm can help you. We will fight the criminal charges, license revocation, plate impoundment, and motor vehicle forfeiture. We can help get you back on the road as soon as possible.
A common question asked by people charged with DWI is whether a DWI lawyer can help them. After all, their blood, breath or urine had an alcohol concentration of .08 or more. The answer is yes. Even though DWI laws are strict, complicated, and getting more and more harsh, an experienced DWI lawyer will recognize the weaknesses in the State’s case and can exploit them to your benefit.
A DWI lawyer can also help you navigate an otherwise complex and confusing system. In the criminal realm, Minnesota’s DWI laws are some of the most complex. The laws are so complex that the Minnesota legislature has dedicated an entire chapter to the subject: Chapter 169A. Short (and extremely technical) novels could be written on the subject.
Instead of detailing the numerous scenarios that a person can find himself in, a brief summary of the principles will be outlined to provide a general understanding of the law. If you have any DWI related concerns, contact a DWI lawyer today to discuss your situation in detail.
Degrees of DWI
There are four degrees of DWI, fourth through first. Fourth is the least serious, and first is the most serious. We have written detailed articles on each degree of DWI. The links are below, along with a description of the penalties for each degree:
Fourth Degree DWI Charges
- Minnesota Statute Section 169A.27 classifies fourth degree DWI as a misdemeanor. It is punishable by up to 90 days in jail and a $1,000.00 fine.
Third Degree DWI Charges
- Minnesota Statute Section 169A.26 classifies third degree DWI as a gross misdemeanor. It is punishable by up to 364 days in jail and a $3,000.00 fine.
Second Degree DWI Charges
- Minnesota Statute Section 169A.25 classifies second degree DWI as a gross misdemeanor. It is punishable by up to 364 days in jail and a $3,000.00 fine.
First Degree DWI Charges
- Minnesota Statute Section 169A.24 classifies first degree DWI as a felony. It is punishable by up to 7 years imprisonment and a $14,000.00 fine.
DWI and Aggravating Factors
Minnesota’s blood alcohol concentration (BAC) limit is .08. It is also a crime to consume any amount of alcohol that impairs your ability to operate a motor vehicle regardless of the concentration in your blood. If you have been charged with either type of DWI, a DWI lawyer will be able to advise you what legal requirements have to be met before the State can prove those charges.
Further, any amount of a schedule I or II controlled substance in your blood or urine is considered driving while impaired.
Aggravating factors include having a minor present in the vehicle, prior convictions or losses of license within the preceding 10 years, and having an alcohol concentration of .16 or more. Refusing an offered breath test is also a more serious crime. Each of those aggravating factors have to be proven, however, and a DWI lawyer will be able to review the facts of your case to determine whether the State has the evidence necessary to do so.
Felony DWI
There are two common scenarios that lead to felony DWI charges. The first scenario is when a person is arrested for DWI after three or more convictions or DWI related losses of license within the last 10 years. The second scenario is when a person has a felony level alcohol related driving conviction in their lifetime.
Loss of License
Immediately upon arrest for DWI, law enforcement will issue the driver a notice of license revocation. Once received, the person has sixty days to file a petition in court to challenge the officer’s unilateral decision to take their license away. Our DWI lawyer will explain that process in more detail during your initial consultation.
If the person misses the deadline, he or she will lose their license and will always have an alcohol related loss of license on their record even if the criminal charges are completely dismissed. It is imperative that you contact a DWI lawyer if you receive such a notice from law enforcement.
In other scenarios where an alcohol or blood or urine analysis is not immediately available, the Department of Public Safety will mail the notice to the address listed on the driver’s license. There will be an effective date on the notice along with the same sixty day time frame to challenge the revocation. It is equally imperative to contact a DWI lawyer in that scenario.
The loss of license is a separate proceeding than the criminal case, and if you wait for your first appearance to address the issue, it may be too late. Further, the prosecutor and the judge will inform you they have no control over the administrative license revocation.
The period of license revocation can range from 30 days to 6 years depending on the driver’s prior offenses and current aggravating factors. In some scenarios, the driver’s license will be canceled as inimical to public safety and a rehabilitation process will be required.
How a DWI Lawyer can Help with the Loss of your License
It is important to know that no matter what the time frame, Adam Johnson and David Lundgren can assist you in getting back on the road so you can continue living your life and making a living. It is equally important to know that there are numerous challenges that can be made, and if successful, will result in rescission (reversal) of the administrative license revocation.
Plate Impoundment
If a driver provides a blood alcohol concentration sample of .16 or more, or has multiple DWI convictions or losses of license, then the State will impound the driver’s regular license plates on every vehicle titled in the person’s name.
The driver will be required to purchase special series registration plates, commonly referred to as Whiskey Plates. They are all white and start with the letter W. They are unmistakably noticeable and carry a stigma to them. The plates look like this:
The driver will be required to only operate vehicles that have those plates. If the driver purchases a new car, he will be required to obtain special series registration plates for that vehicle as well.
How a DWI Lawyer can Help your Plate Impoundment
However, just as with the loss of license, you can have a DWI lawyer challenge the plate impoundment in court and have a judge decide if its lawful or appropriate. The same sixty day period applies.
Motor Vehicle Forfeiture
If you are convicted of Second Degree DWI, First Degree DWI, or any level of DWI if your license is canceled as inimical to public safety or restricted to no use of alcohol, the State can and will take and keep the vehicle you were driving at the time.
Depending on the circumstances, they may initiate the process by formal complaint. In that scenario, you have twenty days to answer the complaint or the forfeiture will be final.
Otherwise, you will be notified of an administrative forfeiture and it will be your responsibility to file a formal, civil complaint in district court to challenge the forfeiture within 60 days of receiving the notice.
How a DWI Lawyer can Help with your Motor Vehicle Forfeiture
In either situation, it is in your best interest to contact a lawyer immediately once your car is taken to determine if it is in your best financial interest to challenge the forfeiture. Adam Johnson and David Lundgren have worked successfully to recoup many of their client’s vehicles and saved the vehicles from forfeiture.
COMPLEX DWI LAWS ARE SUSCEPTIBLE TO NUMEROUS DEFENSES – HAVE A DWI LAWYER USE THEM TO YOUR ADVANTAGE.
Now, more than ever, Minnesota’s DWI laws and testing process are being successfully challenged by knowledgeable DWI lawyers. From the decision to stop your vehicle until completion of the testing process, there are legal challenges that can be made and questions that can be raised about the reliability and accuracy of the process.
Further, the law itself with regard to blood and urine samples have been called into question by Minnesota appellate courts and in some circumstances have been found to be unconstitutional by the United States Supreme Court.
Moreover, the DataMaster machine which the State relies upon to determine a person’s blood alcohol concentration has an uncertainty of measurement that calls into question the accuracy of the test itself even when there have been no errors in the testing process. This error is inherent in the machine and has an approximate accepted value of +/- .01 which the State deems acceptable.
Luckily for you, the State does not get to decide who is guilty or innocent. Hire the lawyers who understand the strengths of your defense, the weakness in the State’s case, and the legal challenges most likely to succeed. Call us to discuss your DWI case today.
To see a sampling of our results in DWI/DUI cases, click here. For more information, click here to read our guide on the seven essential steps to take following your arrest for DWI/DUI.
RELATED DWI LAWYER ARTICLES AND VIDEOS FROM LUNDGREN & JOHNSON, PSC
1st Degree Driving While Impaired (DWI) Charges | Minnesota DWI Lawyer
- 1st Degree driving while impaired charges are explained in detail, from pretrial release conditions to mandatory sentences in the event of a conviction.
Minnesota DWI Information | Minneapolis DWI Lawyer
- A video on our YouTube channel that explains interesting information about Minnesota DWI charges.
Answers to Fourth Degree DWI Questions | Minneapolis DWI Lawyer
- Common questions about Fourth Degree DWI are answered by our DWI lawyers. Topics include the differences between DWI and DUI, among many others.
Second Degree DWI | Minnesota DWI Lawyer
- An article authored by one of our experienced Minneapolis DWI lawyers that explains second degree DWI charges, potential penalties, and other consequences.
Third Degree DWI | Minnesota DWI Lawyer
- Lundgren & Johnson’s Minnesota DWI Lawyers explain third degree DWI charges in detail. The article includes information about mandatory bail, mandatory jail, license revocations and cancellations, and potential jail and fine exposure applicable to third degree DWI charges and convictions.
DUI Science – BAC Retrograde Extrapolations
- Minneapolis DWI lawyer David Lundgren details the legal challenges that can be made and defenses that can be advanced when the prosecution relies upon retrograde extrapolations.
DWI Testing in Minnesota (Update)
- Attorney Adam Johnson, an experienced Minneapolis, Minnesota DWI lawyer, explains the Minnesota Supreme Court’s decision about a DWI suspect’s right to counsel when blood and urine tests are requested pursuant to a warrant.
Minneapolis DWI – Must Read Q&A
- Arrested for a Minneapolis DWI or its neighboring suburbs in Hennepin County? Our DWI lawyers have put together this helpful Q&A of the most commonly asked questions from people who find themselves in this situation.
DUI Lawyer: Facts About Field Sobriety Tests
- The officer’s administration of field sobriety tests in DWI cases provides fertile grounds for defenses in the hands of an experienced DWI lawyer. This article explains many of those defenses in detail.
Minnesota DWI Lawyer: Insights and Updates
- The requirement of a search warrant for blood and urine tests and new filing deadlines for license challenges are some of the updates discussed in this article written by a Lundgren & Johnson DWI lawyer.
DWI and “Physical Control” – What it Means
- Arrested for a DWI when you weren’t actually driving? DWI lawyer Adam Johnson details the legal framework that allows a prosecutor to charge someone with a DWI when he or she was not even driving, along with the limitations of a “physical control” offense.
It’s Patio Season… Don’t Ruin It With A DWI
- Some common scenarios that lead to DWI charges are routinely seen by DWI lawyers. This article details those scenarios and offers strategies to keep its readers from making a mistake by driving while impaired.
Getting Back on the Road: Seven Essential Steps to Take Immediately after your Twin Cities DWI
- Our Minneapolis DWI lawyer lists the actions that need to be taken for a driver to get back on the road after being arrested for DWI.
Under Construction: MN Court Makes Another Logical Change to DWI Laws
- A constitutional challenge to Minnesota’s Implied Consent Advisory in DWI cases is discussed in this article.
Big Developments in Minnesota’s DWI Laws
- The two cases that began the overhaul of Minnesota’s DWI laws in 2016 are touched upon and briefly analyzed.
