DUI Defense Minnesota

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DUI Attorney Thomas Gallagher’s Guide

Minnesota DWI Lawyer Thomas Gallagher helps people win DUI cases, and has since 1988. What should you do after a DWI arrest in Minnesota? DUI Attorney Thomas Gallagher helps people fight DUI charges of every severity level after DUI arrests. Here is his guide.

Impaired by Alcohol? We don’t hear the term “drunk driving” much any more, now that the arbitrary limit in Minnesota for an alcohol concentration test is down to 0.08. Because 0.08 alcohol concentration is not “drunk,” not by a long shot. And 0.08 is about half the first presumptive threshold that came along in the 1970s: 0.15. But things have changed. So these days, you need a Minnesota DUI Attorney to help you fight back and stay safe.

The various penalties for a Minnesota DUI grow ever more severe. So, with increased insurance rates, it can cost a person $15,000 or more over a five-year period. And consequences can include the “implied consent” license revocation, jail or prison time.

Impaired Driving vs. Over the Limit

Justice vs. Expediency: Driving Under the Influence charges require convincing proof of driving, operating or “control of” a motor vehicle, while impaired by alcohol or another drug. But Minnesota’s “per se” limit law is an exception to the impairment requirement. It makes driving, operating or control of a motor vehicle a crime if within two hours of an alcohol concentration of 0.08 or more – even if not impaired.

Enforcing an arbitrary, bright-line law is easier. But the trade-off for easy enforcement is unfair punishment of innocent drivers. Sober drivers over 0.08% face a big shock. But the bright-line 0.08 law does require chemical test evidence from a breath, blood or urine sample.

Admin License Revo vs. Criminal DWI Charge

Even first-timers will have at least two legal actions taken against them by the government after a DWI arrest:

1. Administrative Revocation of Drivers License (“civil”);
2. Criminal DUI Charge.

Where a breath machine test reports 0.08 or more, or the driver “refuses;” the police officer will provide a “Notice of Revocation and Temporary License.” This begins the “Administrative Revocation of Drivers License.” And this also is when the “alcohol-related incident” will go on your driver’s license record. But for blood or urine tests, the Notice should come by later mail, after the lab test is complete.

Either way, the driver must challenge the Administrative License Revocation by filing a “Petition for Judicial Review” within 60 days of the Notice. Or it will be too late. If done, the court schedules a hearing before a Judge. An implied consent challenge is difficult to accomplish without help from a DUI Attorney.

Win the hearing, and the Court rescinds the Administrative License Revocation. The Minnesota Department of Public Safety then deletes the “alcohol-related incident” from your driver’s license record.

But then the driver must also avoid an alcohol-related, criminal DWI conviction; to prevent an “alcohol-related incident” on the “driver’s license record.”

DWI Legal Problems & Solutions

So it’s a two-step process for the driver. Yes, the laws favor the State. We have to beat them twice. But DUI Attorney Thomas Gallagher wins many of these cases, twice.

Criminal Alcohol-Related Driving Cases

The most serious DWI cases are felonies involving either injury, or too many prior alcohol-related driving incidents. And these can result in time in Minnesota’s state prisons. Yet most DWI cases are misdemeanors or gross misdemeanors, with less than a year of county jail time possible.

But we can defend DWI cases with many different possible defenses, depending upon what happened. Some of these defenses can result in dismissal before trial; while others are defense issues for the jury trial.

Aggravating Factors for Criminal DWI: The term “aggravating factor” under Minn. Stat. § 169A.03, Subd. 3, includes,

“(1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense;
(2) having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense; or
(3) having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.”

Minn. Stat. § 169A.03, Subd. 3 (2025)

If a prosecutor claims an “aggravating factor,” the DUI charge is more serious. For example, a prosecutor can “enhance” misdemeanor DUI to a gross misdemeanor or felony DUI based upon priors.

Sentencing Triggers: A DUI offense “within ten years of a qualified prior impaired driving incident” can cause mandatory sentencing laws to apply.

But this may cause an issue. Because if a prosecutor uses a prior to enhance the criminal charge; they shouldn’t double-count, to also inflate the length of the sentence later.

Criminal DWI – Schedule II Prescription Drugs Cases

Though the vast majority of DWI cases in Minnesota involve alcohol, some involve medical emergencies or prescription medications.

Minnesota Statute Section 169A.20 DRIVING WHILE IMPAIRED, Subdivision 1, includes the following:

(2) the person is under the influence of a controlled substance;

(7) the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or tetrahydrocannabinols;”

Minn. Stat. § 169A.20, Subd. 1 (2025)

This law is terribly unfair because people who are not impaired can be charged with this crime for having “any amount” (more than zero) of their Schedule II medically-prescribed medication in their body while driving. (Examples of Schedule II drugs commonly prescribed, include Ritalin and Adderall – amphetamine). After the government formally charges you with this serious crime, the legal burden is one you to prove an “prescription drug” affirmative defense. The legislature should repeal this abusive, zero-tolerance law targeting sober people using lawful medications.

Prescription drug affirmative defense:

1. Medically prescribed the Schedule II drug found in chemical test;
2. Defendant used the prescription as prescribed;
3. Prescription dosage consistent with lab test report; and,
4. Defendant was not impaired.

Criminal DWI – Marijuana Cases

DUI marijuana is fake news – a story without truth. We can successfully defend these cases. You will find a lot of valuable information about DWI marijuana cases here:

DUI Marijuana page is a concise overview of these types of claims and their effective defense.

Marijuana DUI: Myth vs. Science is an in depth article about the false narratives so common about marijuana and driving, as well as the science proving that marijuana and THC has zero correlation with impaired driving and is not a significant traffic safety risk.

Marijuana in a Motor Vehicle discusses the often related situation of police finding an open container of cannabis in a motor vehicle, and how to defend against those charges.

Odor of Marijuana: Probable Cause to Suspect a Crime?

How to Avoid a Marijuana Arrest in a Car: Nine Tips is my article about prevention.

Drivers License Revocation

Under Minnesota’s “Implied Consent” Statute, the driver must serve & file “Petition for Judicial Review” within 60 days, or it’s too late. If the license revocation is challenged in time, the driver can get it erased from their driver’s license record.

For other situations, some driver’s can challenge “B-Card” license violations, under the provisions of Minnesota Statutes § 171.19.

And of course, Driving After Revocation is a crime, which if a conviction results, triggers another driver’s license revocation period. This is one more reason to file a court challenge to the original administrative “implied consent” license revocation within the 60 day limitations period.

Vehicle Forfeiture

Conflict of interest: With prior impaired driving incidents, Minnesota’s DWI laws allow the government to seize your vehicle, sell it, and keep the money. And most goes to the same police department that stopped and arrested you. But you can challenge the vehicle asset forfeiture in court if you act fast enough.

“Do I need a DUI Attorney?”

Short Deadlines: Given these laws, retain a Minnesota DWI Lawyer to help challenge the government case, and protect your rights. Deadlines for action in the driver’s license, plate impoundment, and forfeiture cases, are short. The hard deadline is sixty days.

So it makes sense to employ a good DUI defense attorney as soon as possible after the date of arrest. And, the sooner you file a court challenge, the sooner the court may restore your license.

Traffic Stop

DUI cases begin with a traffic stop, or “Fourth Amendment Seizure” of a person by a government official. For purposes of a Fourth Amendment Seizure; police must have facts supporting either:

• “Reasonable, Articulable Suspicion of criminal activity,” or
• observe a traffic law violation.

If the stop was unlawful, all resulting evidence must be suppressed. Then, with no evidence, criminal charges must be dismissed. And the state action against the driver’s license, plate and vehicle can be rescinded. But that will require retaining a DUI Attorney soon enough. See tips on:

Avoiding a DWI Arrest: Countermeasures.

Roadside Investigation

If the police officer expands the stop or initial seizure beyond the original purpose of the stop, the seizure becomes illegal, unless the police officer can point to objective facts that would justify the prolonged detention and intrusiveness of the expanded stop. For more in depth on the topic see:

Expansion of the Stop | Prolonged, Intrusive.

After a traffic stop, police officers will attempt to observe, create and gather evidence of impairment. Police seek admissions and observe speech and behaviors.

They will ask a DUI suspect to perform roadside exercises, which they optimistically call “field sobriety tests.” Though police cannot require drivers to do these; police will pressure the driver into performing, or making excuses. But the driver should make no excuses. There is no legal requirement to do them. After all, these are unfair traps. Just decline (politely, but decline).

Then, the police officer asks the driver to blow into a “Preliminary Breath Test (PBT)” machine. Police cannot lawfully make this request without the statutory preconditions. But they can arrest a driver for refusing to blow into a PBT at the side of the road. Though not accurate, PBT reports of 0.08 or more can be a basis for probable cause to arrest. Your Minnesota DWI Lawyer can later challenge the grounds for the prolonged detention, the request to blow into the PBT, and probable cause to arrest. More on:

Unlawful Arrest and Illegal Evidence.

Chemical Test: Police Station or Hospital

“Evidentiary chemical test:” After arrest, police may take the driver to a police station or hospital. And there police request a sample for evidentiary chemical testing. The sample can be either breath, blood or urine. (This “evidentiary chemical test” request comes after the PBT small breath machine at the roadside.)

All of these are searches. However police now need a search warrant to take a blood or urine sample.

Call DUI Attorney before Chem Test

Police may invoke the so-called “implied consent statute;” to take the person’s drivers license before trial in the criminal case. If they request an evidentiary breath test, police must read the “Minnesota Breath Test Advisory” of Rights, including the right to consult a lawyer. Then when the driver chooses to call a Minnesota DWI Lawyer, police must help vindicate their right to counsel.

Right to Additional Test, after police chem test: After the person provides a sample for police testing; they have a right to their own, “additional test.” (An independent lab can later analyze this additional test urine or blood sample.) If police interfere with this right, they cannot use their sample. But the person must request an Additional Test, and use the phone to arrange an Additional Test. So, this is another reason to ask to call a lawyer. (The lawyer can remind you how.)

Defenses; DUI Attorney

But even with the numerous Minnesota DUI laws, there are even more defenses that these new laws engender. Some defenses have been around for decades or centuries. Others have their season only until other newer defenses replace them. And so the Minnesota DWI Lawyer’s experience matters.

We must collect every fact we can, then review what happened against what should happen, and the laws. The best DUI defense attorneys are the lead enforcers of the highest law of the land — the U.S. and Minnesota Constitutions. See:

Get Out of Jail After Arrest – Tips for Getting Your Loved One Out.

Why Thomas Gallagher is the best DUI Attorney for you

Thomas Gallagher has over 35 years experience as a Minnesota DWI Lawyer. Past success is no guarantee of future results. But during that time he’s won a large percentage of DWI cases, using persistence and creativity. Could you benefit from his experience, in your case?

Types of DWI cases handled by Gallagher Criminal Defense:

• Criminal Vehicular Homicide and Criminal Vehicular Operation
• 1st, 2nd, 3rd, 4th Degree DWI, Felony DWI
• Hit & Run – Leaving the Scene
• First-Time DWI Arrests
• Implied Consent License Revocations
• DUI Marijuana, DWI Prescription Drugs

Important Issues in Minnesota DWI Law:

Breath-Alcohol Machines in Minnesota

Urine Testing in Minnesota

Blood Test Evidence Issues

Minnesota DWI Case & Defense FAQ

Question? Call Attorney Thomas Gallagher, 612 333-1500

Minnesota DWI lawyer Thomas Gallagher can use his education, skill and experience to help you, now. He works to enforce the laws in defense of the human being against the government.

He will help you identify the best defense available, then work hard to win your case. You can win. But you’ll need a good DWI Defense Lawyer to help make that happen.

More: DUI Attorney

Carrying Under the Influence

Obstruction & Resisting Arrest in Minnesota

Gross Misdemeanor Level Offenses in Minnesota, Defense Issues

How to Defend a Felony DWI Case

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