You’re standing where Jeffrey once stood (name changed to protect our client’s privacy): facing a DWI charge, worried that a test result over .08 means your life is basically over.
It doesn’t.
This is the story of how a Dakota County jury cleared a man whose urine test came back at 0.10—and why that matters for you or someone you love who’s been charged with DWI in Minnesota.
A 0.10 Urine Test… And a Not Guilty Verdict
On July 18, 2012, in Dakota County (Hastings, Minnesota), our team finished a three‑day jury trial on a fourth‑degree DWI.
- The state’s urine test claimed Jeffrey’s alcohol concentration was 0.10.
- He was charged with:
- Driving while impaired (often called the “impairment” count), and
- Driving with a blood alcohol level over .08 within two hours of driving (the “per se” count).
Most people assume, “If I tested over .08, I’m guilty. End of story.”
The jury didn’t agree.
After hearing all the evidence, they deliberated for no more than 20 minutes and came back with not guilty on both counts. Jeffrey walked out with a clean record.
That result was not a fluke, and it wasn’t luck. It was about forcing the state to prove its case the right way.
(Client name has been changed to protect his identity.)
Why “Over .08” Is Not Automatic Guilt
In Minnesota, the state doesn’t get to win just because a machine or a lab report says “0.10.”
To convict you, prosecutors have to prove beyond a reasonable doubt that:
- The testing process was done correctly, and
- You were actually impaired or over the legal limit at the relevant time.
That means multiple things have to be done right:
1. The lab has to follow proper procedures
For urine, blood, or breath testing, there are established scientific and administrative procedures that must be followed for the result to be considered reliable:
- Correct collection technique
- Proper preservation and storage
- Accurate labeling and chain of custody
- Calibrated instruments and validated methods
- Qualified personnel interpreting the results
If those steps are mishandled, the result is not automatically trustworthy. We can cross‑examine the state’s lab witnesses, challenge the paperwork, and show the jury exactly where doubt exists.
2. The police have to follow proper procedures
The traffic stop, arrest, and testing process must comply with constitutional and statutory rules:
- Was the stop legal?
- Was there probable cause to arrest for DWI?
- Were you properly informed of your rights and obligations for testing?
- Were the field sobriety tests (FSTs) administered according to training and standardized procedures?
In Jeffrey’s case, we demonstrated that the officer did not administer the field sobriety tests correctly, undermining the reliability of the claim that he was “drunk” at the time of driving.
The jury didn’t just reject the test result—they also found Jeffrey not guilty of being impaired at all, regardless of what the urine test claimed.
How We Attacked the Case
Here’s what actually moved the needle for the jury.
Exposing problems with the urine test
We focused on accuracy and reliability:
- We challenged whether the test, as performed in this case, could reliably establish Jeffrey’s true alcohol concentration.
- We scrutinized lab procedures and the way the sample was handled.
- We explained to the jury how even small deviations or shortcuts can create reasonable doubt.
The result: the jurors were not convinced the 0.10 number was trustworthy.
Impeaching the officer on field sobriety tests
Field sobriety tests (like the walk‑and‑turn or one‑leg stand) are not magic. They’re only useful if:
- The officer is trained correctly, and
- The tests are administered the way they’re designed to be administered.
In this trial, we:
- Showed how the officer strayed from proper procedures.
- Used cross‑examination to highlight inconsistencies and errors.
- Demonstrated to the jury that the FSTs were not reliable evidence of impairment.
When jurors see that the officer cut corners, their confidence in the rest of the state’s case drops too.
When the Prosecutor Says “No Deal”
This case also illustrates something many families don’t see from the outside: you can’t always count on a plea deal that makes sense.
There are two tracks in a Minnesota DWI:
- The criminal case (where you can end up with a DWI conviction, fines, possible jail, etc.).
- The implied consent / driver’s license side (where the state tries to revoke your license based on the test).
We fought the implied consent (the driver’s license revocation) and did not prevail there. The prosecutor didn’t like that.
His response?
He refused to offer a reduction to careless driving on the criminal case because we made his officer testify at the implied consent hearing.
In other words, his policy was to punish people who challenge the driver’s license revocation by refusing reasonable plea offers on the criminal side.
We had a choice:
- Plead guilty to a DWI just to avoid trial, or
- Stand up to the policy and go to trial anyway.
We told the prosecutor we didn’t care what his policy was. We explained the risks and options to Jeffrey, and together we made a decision: if the offer isn’t worth taking, we go to trial—even on a tough case.
The jury’s not guilty verdicts vindicated that decision.
What Clients Actually Experience Working With Us
Jeffrey could have hired any number of lawyers. Here’s what he said about working with our team:
- “Very professional.”
- “You guys come to work and you get all your facts straight.”
- “You answered any questions that I had, easy to talk to, easy to get a hold of.”
- “Just overall, other than the charges, good experience.”
On the trial itself, his takeaway was that we made sure the jury understood:
They had to find everything factual beyond a reasonable doubt, and not just assume the state was right.
That’s not an accident. That’s our job.
Why Our Trial Approach Matters
We don’t treat trial as a last‑minute, extra‑fee add‑on. We build for it from day one.
You get a full trial team
For Jeffrey, that meant:
- Ryan trying the case
- Shannon at counsel table, organizing exhibits, spotting issues, and raising legal arguments in real time
- A paralegal and staff at the office staying on top of the evidence, deadlines, and discovery
We bring a team to trial—and we don’t charge more just because a case goes to a jury.
That structure lets us:
- Track every piece of evidence.
- Build a clear, step‑by‑step story for the jury.
- Move quickly when the state’s witnesses make mistakes or contradict themselves.
We’re willing to go all the way
Some lawyers pressure clients to plead out because they’re not prepared or not interested in trial work.
Our philosophy:
- If the prosecutor doesn’t make a worthwhile offer,
- And if there are real issues with the state’s case,
- We are ready and willing to go to trial—even when the test result looks bad on paper.
That willingness alone can change how a case is handled. And when the state flatly refuses to be reasonable, trial is sometimes the only path to justice.
What This Means If You or a Loved One Is Facing a DWI
If you’re reading this as someone charged with DWI—or as a parent, spouse, or friend—here are the key takeaways from Jeffrey’s case:
- A test result over .08 is not the end of the story.
The state must prove the test is accurate and reliable, and that you were actually impaired or over the limit at the relevant time. - Procedures matter.
If the lab or police skip steps, mishandle evidence, or cut corners, that can create reasonable doubt. - Field sobriety tests can be challenged.
When officers don’t follow their own training, their conclusions about impairment can be dismantled in front of a jury. - You don’t have to accept a bad plea offer just because you’re scared of trial.
With the right team, trial can be a powerful tool—not just a last resort. - The lawyer you hire—and the team behind them—matters.
You want a firm that:- Understands DWI science and law,
- Knows how to cross‑examine officers and lab techs,
- Is prepared to go to trial without charging you more for exercising your rights.
If You Have Questions About a DWI Case
A DWI charge feels overwhelming. Your license, job, reputation, and future can all feel like they’re hanging in the balance.
But Jeffrey’s story is proof of this: when someone truly fights for you, the outcome can be very different from what you fear on day one.
If you or a family member has been charged with DWI in Minnesota and you’re considering trial—or you just want to understand your options—you can reach out:
- Visit: arrestedminnesota.com
- Call: 612‑339‑5844
We’ll walk you through:
- What the test results really mean,
- Where the weaknesses might be in the state’s case, and
- Whether trial makes sense in your specific situation.
You don’t have to navigate this alone. And you don’t have to assume “over .08” means it’s over for you.