Minnesota DUI/DWI: Penalties and Criminal Charge Defense

Minnesota DUI/DWI Laws criminalize a number of driving offense involving alcohol or other controlled substances. The state of Minnesota criminalizes driving under the influence of alcohol for adults, with a BAC of .08 or above, as well as utilizes zero tolerance policies for minors under the age of twenty-one (21) with a BAC of .02 or above. Minnesota is also an implied consent state, requiring all drivers to submit to BAC testing or sampling. Refusals to submit carry mandatory license suspension of one (1) year for first refusal.

Penalties Associated with a Minnesota DUI/DWI Charge

• First offense DWI convictions are misdemeanor offenses in Minnesota, carrying penalties of up to ninety (90) days in jail, fines of $1,000, surcharges of over $700 for license reinstatement, and license suspension of ninety (90) days, one hundred and eighty (180) days if minor present or BAC above .20

• Second offense DWI conviction within ten (10) years of first offense carries penalties of incarceration of not more than one (1) year, fines of $3,000, license reinstatement surcharges in excess of $700, license suspension of at least one hundred and eighty (180) days, and issuing of specialty plates

• Third offense DWI convictions carry penalties of incarceration of one (1) year, fines of $3,000, mandatory rehabilitation, license suspended indefinitely, and surcharges and other requirements for attempts at license reinstatement

Minnesota DUI/DWI Defense Methods

Most DUI/DWI cases hinge on the results of the BAC sample, especially cases involving alcohol. While it is possible to use law enforcement officer testimony to obtain conviction in DUI/DWI cases, the burden of proof is difficult for prosecutors to obtain with the concrete results from the BAC sample. For this reason, criminal defense attorneys employ the following methods to dismiss the BAC sample results, including:

• If driver refuses to submit, an administrative hearing will determine whether license suspension should proceed. Getting legal counsel involved early can help driver’s defend their license at this administrative hearing.

• If driver provides BAC sample, criminal defense attorneys will work towards ruling this sample inadmissible through a number of methods, including contesting the legality of the traffic stop incident to arrest, contesting the accuracy of the sample itself, and contesting the informed consent of the driver at the time of providing a sample. While Minnesota is an implied consent state, drivers still have specific legal rights at the time of arrest.

Getting Legal Help with Stopping a Minnesota DUI/DWI Conviction

Ultimately, any serious attempt to defend against an impending DUI/DWI charge in the state of Minnesota will require the assistance, insight, and representation of a criminal defense lawyer. For more information about your specific case, including your legal rights, legal options, and ability to contest the impending charges, consult with a Minnesota criminal defense lawyer to learn more today.