Frequently Asked Questions

DWI & DUI:

1.    I’ve Been Arrested for DWI.  I Tested at .08 or More, So Why Shouldn’t I Just Plead Guilty? First, just because your blood alcohol level was allegedly at .08 or more does not mean you are guilty of a DWI.  Minnesota’s DWI laws are complex, and neither the Judge nor the Prosecutor will tell you what defenses you have.  Just take a look at the "recent victories" tab near the top of our website.  There are several cases where we represented people that were over .08, yet we were able to have their cases dismissed by the prosecutor, thrown out by the judge, or were found not guilty by a jury.  If you're reading this, each of those people were like you: they tested over the limit.  They hired our law firm, and we beat their DWI charges.  The only person that will review every angle of your case is an experienced criminal defense lawyer.  Unless you present these defenses in a timely and proper manner, you will not be able to take advantage of the rights that the law affords you.  Second, a DWI conviction, or a plea of guilty to a DWI, carries many consequences that you may not consider.  You could face significant jail time, fines, lose your driver’s license, have your plates impounded or forfeited, have your vehicle forfeited, and your insurance rates will skyrocket.  Additionally, even if your charges are reduced to careless driving, unless you challenge and win your implied consent portion, you will have a DWI on your driving record even though you pled guilty to careless driving.  Moreover, a DWI conviction can have adverse employment consequences.  An increasing number of employers will not hire people with a DWI on their record.  Finally, even if you are guilty, you are not in a position to “negotiate” a deal.  The Prosecutor will tell you what their offer is, and it’s take it or leave it.  Without having to face an experienced adversary defending you, the Prosecutor has little if any motivation to make you a good offer.  Similarly, only an experienced DWI attorney knows the Judge’s sentencing tendencies.  An experienced DWI attorney knows which Judges to plead in front of, and which Judges to remove.  That’s because Minnesota Judges are not required, and do not, sentence DWI offenders uniformly.  Some Judges are tougher on DWI sentences than others.  Only an experienced DWI attorney knows which Judges will not impose a relatively harsh sentence.  Our law firm will do what we can, within the boundaries of the law, to assure that you appear before a Judge that may be more amenable to giving you a lighter sentence if you choose to plead guilty.  Again, you should only plead guilty after an experienced attorney has evaluated your case from beginning to end in an effort to increase any potential chance you have of getting your case dismissed, or, once all other efforts are exhausted, to negotiate a more favorable outcome than you could on your own.

2.    What is the Difference Between a DWI and DUI? There is no such thing as a DUI in Minnesota, as the law was changed in 2001.  DWI stands for Driving While Impaired.  However, the term DUI is still used interchangeably with DWI.

3.    How Much Does A DWI Lawyer Cost? It depends on a number of circumstances.  Each case is handled on a flat fee basis.  After your free initial consultation, we will determine your fee and communicate that to you.  We accept credit cards, cash, and checks.  There is a wide range of fees for a DWI lawyer.  Our rates are competitive and reflect our continued dedication to being abreast of developing changes in DWI law.  We regularly attend continuing education seminars across the country on DWI defense, as well as other criminal defense topics.

4.    What Are The Degrees of DWI in Minnesota? Minnesota has four degrees: 4th Degree, Third Degree, Second Degree and First Degree.  A 4th Degree DWI is the least severe level and is a misdemeanor.  It is punishable by up to 90 days in jail and/or a $1,000 fine.  People who have not had a previous alcohol-related driving offense within the last 10 years, and who test between .08 and .19 are charged with a 4th Degree DWI.  A Third Degree DWI is a gross misdemeanor, punishable by up to 1 year in jail and/or a $3,000 fine.  If you have any “aggravating factors” (a previous alcohol-related driving offense within the last 10 years but under .20, no priors but over .20, or a child under age 17 in the vehicle), or if you refused the test without any prior alcohol-related driving offenses within the past 10 years, then you may be charged with a 3rd Degree DWI.  Your plates may also be impounded.  A Second Degree DWI is also a gross misdemeanor, but carries more severe mandatory minimums than a Third Degree DWI.  Moreover, your vehicle may be forfeited.  If you are charged with a Second Degree DWI, it means you have allegedly violated two of the “aggravating factors” mentioned above. A First Degree DWI is a felony and is the most severe level of DWI in Minnesota.  It is punishable by up to 7 years in prison and/or a $14,000 fine.  A person convicted of a felony DWI is also subject to a 5-year conditional release period after prison.  If you have been convicted of 3 prior DWI offenses or alcohol-related license revocations within the past 10 years, you can be charged with a First Degree DWI.  Once you are convicted of a 1st Degree DWI, each and every DWI you are convicted of in the future, no matter how long ago the last conviction was, will be charged as a felony.

5.    What is Implied Consent? There are two sides to a DWI: Civil and Criminal.  Criminal is what most people think of when they think of a DWI.  The Criminal side involves the possibility of jail time, probation and/or a court fine.  The Civil side deals with your driving record and driving privileges.  This is called "Implied Consent."  If you gave a breath sample on the Intoxilyzer machine, and tested at .08 or more, the officer probable gave you a "Notice and Order of Revocation" which states that your driving privileges will be revoked in 7 days.  You have the right, within 30 days of the date of your Notice and Order of Revocation to file an Implied Consent Challenge.  If you fail to file a challenge within 30 days of the date of your Notice and Order of Revocation, then regardless of what becomes of your criminal case (even if you win or it is thrown out), your driving record will show that you have had an alcohol-related license revocation.  This will affect your insurance rates, driving record, and will count as a prior DWI against you for the next 10 years if you are charged with another DWI in the future (an “aggravating factor”).  If you took a urine or blood test, then you have 33 days from the mailing date of your revocation notice to challenge the revocation.  This is why it is important to hire an experienced attorney as soon as you can after you test at .08 or more.  Even if you are not immediately charged with a DWI, the clock may be ticking against you to file an Implied Consent Challenge, and if you miss the deadline, you have lost your opportunity to fight the Civil side of a DWI.  All is not lost, however.  Even if you miss the deadline, you still have a number of reasons to fight the criminal side of the DWI.

6.    I Have a Friend or Relative In a Minnesota Jail After Being Arrested For a DWI.  Can You Get Them Out Early? In most cases, yes.  We can contact the Judge and get bail or other conditions set, usually on the same day, if you request such services and retain us to do so.

7.  What About the Intoxilyzer 5000? I Heard That Lots of Tests Are Being Thrown Out.  That's true, and we've had that happen for many of our clients because we bring a "source code" motion.  The Minnesota Supreme Court has found that, if a person makes the requisite showing, they are entitled to obtain the source codes (computer programming) for the Minnesota model of the Intoxilyzer 5000.  If the State does not produce the source codes (which they have not in any of our cases), the judge will throw the test out of evidence.  This only happens, however, if your attorney makes a source code motion, which is currently over 100 pages thick, and if the judge grants the motion.  We have brought many successful source code motions, and will continue to do so on behalf of our clients.

8.  What if I Can't Get My Test Thrown Out? Having the test thrown out is only one of a number of defenses that are available to people charged with a DWI.  Others include, but are not limited to, whether the officer had a legal reason to stop and/or seize you, whether the officer had a legal reason to get you out of the car to take field sobriety tests, whether the officer had a legal reason to give you the preliminary breath test (on the side of the road) and arrest you for DWI, whether the officer advised you of your rights before asking you to take a breath, blood or urine test after you were arrested, and whether the test is reliable and accurate.  Other defenses exist, but these are the most common.  An experienced DWI attorney will analyze each of these issues, and will challenge any cases at a Rasmussen/Omnibus hearing.