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Frequently Asked Questions: Minnesota DUI Law
“Should I hire a lawyer for my DWI?”
This is the most important DWI FAQ. Yes, it is worth fighting back after a DWI arrest in Minnesota. Why?
What is at stake: High insurance costs follow the five years after a DWI arrest. (And Driving Without Insurance is a crime.) But the cost of hiring a good DWI defense lawyer is a fraction of that cost. Loss of driver’s license, an alcohol-related incident on the driver’s license record, jail or prison, vehicle forfeiture – all these and more can result from a DWI arrest if you don’t fight back and win.
How to fight back with the law: We can use Minnesota DWI law to your advantage, to win. DWI is a serious driving offense. And to avoid high-risk auto insurance costs, you must remove all alcohol-related incidents from your “driving record.” That means (1) making a legal challenge to the “implied consent” administrative license revocation; and (2) defending the criminal-DWI charge, so that no alcohol-related conviction results – both.
When to act: You only have 60 days from the date of the license revocation. In breath test cases, that is normally the date of the arrest. So you must serve and file a court challenge to the license revocation within 60 days. And you’ll need a lawyer’s help with that. But if you do it on the 61st day, it won’t do any good. Even one day past 60 days and it will be too late.
You should discuss the details of your case with a DWI defense lawyer. And you’ll learn some of the basic strategies for defending these cases. Call Attorney Thomas Gallagher for a half-hour phone consultation. You are welcome to call him at (612) 333-1500.
“When should I retain a DWI lawyer?”
As soon as possible. Why ASAP? Because you have only 60 days to serve and file a legal challenge to it. And you’ll need a good criminal defense attorney to help you with that.
If you miss the deadline, or don’t win that case, you’ll have an “implied consent violation” on your license record. And almost all of the consequences of a DWI conviction, other than jail and probation, result from that.
Therefore most people want to retain a good DWI lawyer quickly, so that they may be able to get their driver’s license reinstated sooner. How? Two ways. First, the sooner your lawyer files the Petition for Judicial Review of the administrative license revocation, the sooner he may help you win the case.
And the second way? Courts in some Minnesota counties avoid scheduling an implied consent hearing within the statute’s 60 day limit, by “temporary reinstatement” of the driver’s license until resolution of the implied consent and criminal-DWI cases.
So the sooner that Petition is filed with the court by your lawyer, the sooner the client may be driving again (sometimes a week or two).
As for the criminal-DWI case, prosecutors don’t just give away favorable settlement offers without a reason. The reason they do, when they do, is that your criminal defense lawyer spots a good defense issue. For example, the reason for the traffic stop might be helpful to your case. But, only a criminal defense lawyer will be able to identify your best defense issue, after thoroughly reviewing your case.
In the typical DWI case, the police officer initiates both a criminal-DWI charge, and an administrative license revocation. (She will base both on either a “test refusal” or “test” report of 0.08 or more.)
So under Minnesota DWI law, we have at least these two, separate legal actions. One is criminal. And the other is supposedly “civil.” (This is how they try to avoid the constitutional prohibition against double jeopardy.)
Most people are aware of the criminal DWI court date. But most are initially unaware of the short, court filing deadline to fight the administrative license revocation.
DWI FAQ: “What’s at stake in a first DWI?”
The first question to ask in any legal matter is “what is at stake?” For most first-timers, jail time is unlikely. And in a case with no accident or other aggravating factors, judges rarely sentence much, if any, executed jail time.
Money: But, having an alcohol-related event on your driver’s license record can cost tens of thousands of dollars.
Major cost increases include:
- high risk auto insurance premiums for minimal coverage,
- fines, fees, and costs related to having a record,
- drivers license revocation reinstatement fees,
- impacts on employment, health insurance, etc.
The Legal Solution
Retain a good DWI defense lawyer for a court challenge to the license revocation. If a judge then rescinds it off your driver’s license record, and you avoid an alcohol-related conviction; you’ve won. This could save you thousands, perhaps tens of thousands of dollars over a five-year period alone.
DWI laws today are complex. So only an experienced, motivated DWI defense lawyer can help you effectively fight and win one of these cases. And Attorney Thomas Gallagher has helped his clients do this many times, for decades. Without a good DWI defense lawyer you have no real chance of winning. And you can’t win unless you try to win.
A typical first-time DWI case involves two legal cases:
- administrative license revocation;
- DWI-criminal case.
Under Minnesota’s implied consent law, you automatically lose unless you file a court challenge within 60 days. If you do, only then will you get a hearing in court. And there are many, expensive, consequences of having an implied consent violation on your driver’s license record.
In the other, criminal DWI case, most first-time DWI criminal charges are misdemeanors. Misdemeanors carry a 90 days jail and $1,000 maximum penalty. But generally first DWIs result in little executed jail time, and several conditions of probation. And if we win, you can avoid even that.
DWI FAQ: “What if I have a prior within ten years?”
A prosecutor can “enhance” a Minnesota criminal DWI charge to a more serious crime based on “prior alcohol-related incidents.”
The look-back period for charge enhancement and mandatory minimum sentencing is now ten years.
So, if the alcohol-related incident is within ten years of the new DWI, the prosecutor can charge an enhanced, Gross Misdemeanor. And one prior within ten triggers a “mandatory minimum” sentence of 30 days in jail.
The administrative revocation of drivers license under the “implied consent” statute, is also longer and worse with a prior.
FAQ: “How Can I Get My Loved One Out of Jail?”
Most DWI arrests are of drivers without a prior “impaired driving related incident” who provided a sample for chemical testing that read below 0.16 alcohol concentration. Police typically release people who meet that criteria within hours of arrest, after completing their investigation. But people with priors, who refuse to provide a sample for testing, or who test over 0.16 are at risk of being held for court, for a bail or pretrial release hearing.
For more on this topic, see my articles:
Get Out of Jail After Arrest: Ten Tips for Getting Her Out
How to Assert Your Rights: Protect Yourself from Police
DWI FAQ: “What’s the difference between DUI & DWI?”
DUI is an acronym for “Driving Under the Influence.” And DWI is short for “Driving While Impaired.” In Minnesota there is no difference. Both refer to Minnesota Statutes Chapter 169A: “Driving while Impaired.” While “DWI” seems a better fit; “DUI” is more common through the United States. Since there is no distinction in Minnesota, here either term may be used interchangeably.
FAQ: “How do DUI Marijuana Cases Differ?”
Compared to DUI Alcohol cases, we know that DUI Marijuana cases are different in every way. The science is different. The biological effect is different. Marijuana is far less impairing than alcohol. And THC in the blood has no correlation at all with driving impairment, unlike alcohol which is highly correlated. As a result, there is no chemical test for THC or marijuana which can show impairment (unlike alcohol). Two of my webpages develop these topics, with citations and links to authoritative sources:
Marijuana DUI: Myth vs. Science
Winning Marijuana DUI Cases in Minnesota
DWI FAQ: “Can I get my DWI charge reduced to Careless Driving?”
It’s possible, with help from a DWI Defense Attorney. Of course, we first look for opportunities to get all charges dismissed. But in the criminal-DWI case, avoiding an alcohol-related driving conviction can be a big win. Can be?
Yes, in order to avoid an “alcohol-related driving incident” on your driver’s license record, you need to accomplish both of two things:
- File a Court challenge to the administrative license revocation within 60 days, and win it after the “implied consent” hearing before a judge; AND
- Resolve the separate, criminal-DWI case as a dismissal, or as a non-alcohol related offense such as Careless Driving.
For more on Careless Driving see my article: Careless Driving | Reckless Driving – Charges & Defense.
More Minnesota DWI Law Answers
DWI FAQ: Answers to more frequently asked questions about Minnesota DWI law:
Criminal Vehicular Operation Defense
Defending Minnesota Felony DWI Cases
Chemical Testing
Question? Call Attorney Thomas Gallagher, 612 333-1500
You are welcome to call Attorney Thomas Gallagher for answers and help.
More
Hit & Run – Leaving the Scene Defense in Minnesota
Duress Defense | Complete or Partial
Driving After Revocation Defense
Countermeasures at a DWI Stop