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. The only person that will review every angle of your case is a lawyer that specializes in DWI defense. 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 rocket. Moreover, a DWI conviction can have adverse employment consequences. An increasing number of employers will not hire a potential candidate who has a DWI conviction 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. Your attorney will do what they 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 expose any potential chance you have of getting your case dismissed.
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.
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 and/or a court fine. The Civil side deals with your driving record and driver’s license/license plates. You have the right, within 30 days of the date of your Notice and Order of Revocation (usually issued to you immediately after you test at .08 or more) 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, your driving record will show that you have had an alcohol-related loss of license. This will affect your insurance rates, driving record, and will count as a prior against you for the next 10 years if you are charged with another DWI in the future (an “aggravating factor”). 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. 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.