At Ryan Pacyga Criminal Defense, we are committed to providing aggressive legal defense for individuals facing DWI charges in Minnesota. If you’re looking for personalized guidance tailored to your situation, call us at 612-474-9439 or email us to schedule a consultation.

How Long Will a DWI Stay on My Driving Record in Minnesota?

A DWI conviction in Minnesota typically stays on your record permanently. These charges are "enhanceable," meaning they can be used to increase penalties for any subsequent DWIs within a 10-year period. While they remain on your record indefinitely, they cannot enhance future charges after the 10-year window. Expunging a DWI is possible in limited cases but is rare and challenging.

Can I Consult an Attorney Before Taking a Breath Test?

Yes, you have the right to consult an attorney before deciding to take a breath test. Law enforcement must give you a “reasonable time” to contact a lawyer, though this time frame is not strictly defined. If you can’t reach an attorney immediately, you must continue your attempts. Once you reach an attorney, they can advise you on whether to proceed with the test. However, if you fail to connect with an attorney within the allowed time, the officer can terminate your opportunity, leaving you to make the decision on your own.

What Is the Administrative Hearing for a DWI in Minnesota?

The administrative hearing, or implied consent challenge, addresses the revocation of your driver’s license. At Ryan Pacyga Criminal Defense, we recommend pursuing this challenge judicially, as it offers a better chance of success. This hearing is separate from your criminal case and focuses on preventing the DMV from revoking your license and recording a DWI on your driving record. You must file this challenge within 60 days of your arrest.

What Happens If I Miss the Administrative Hearing Deadline?

If you miss the deadline to file an implied consent challenge, your options are extremely limited. It’s crucial to hire an attorney promptly to ensure all deadlines are met and your rights are protected.

Does the Administrative Hearing Outcome Affect My Criminal Case?

The outcome of your implied consent hearing can influence your criminal case indirectly. A favorable result may strengthen negotiations for a better plea deal. However, the hearing’s outcome cannot be used against you at trial. If we win the implied consent case, we may use that victory to persuade the prosecutor to dismiss or reduce the criminal charges.

What Evidence Do Police Look for in a DWI Investigation?

When investigating a DWI, police look for:

• Signs of impairment such as slurred speech, bloodshot eyes, or the odor of alcohol.
• Open alcohol containers in the vehicle.
• Evidence of reckless driving or inability to control the vehicle.

If injuries are involved, the charges may escalate to criminal vehicular operation or vehicular homicide. In most cases, officers will request a roadside breath test and field sobriety tests. If a driver is hospitalized, law enforcement typically seeks a search warrant for blood or urine testing.

Should I Settle My DWI Case with a Plea Deal or Go to Trial?

Every case is unique, and the decision depends on the evidence and circumstances. At Ryan Pacyga Criminal Defense, we thoroughly evaluate your case to determine the best course of action.

• Trial: If constitutional violations occurred or the evidence is weak, we may recommend taking the case to trial.
• Plea Agreement: If the evidence is strong, we work to secure the best possible plea deal.

We carefully explain your options, the pros and cons of each, and potential outcomes so you can make an informed decision.

Will I Face Harsher Penalties If Convicted at Trial?

In some cases, going to trial won’t result in harsher penalties than accepting a poor plea offer. However, there are situations where the risk of greater penalties at trial is significant. We always discuss these factors with our clients to help them make the best choice for their case.

Schedule a DWI Defense Consultation

For more information about DWI charges in Minnesota or to get the legal answers you need, call us at 612-474-9439 to schedule a consultation. Protect your rights and start building your defense today.