Have you been charged with driving while impaired in southern Minnesota? If so, you already know that your reputation, your finances, and perhaps even your freedom are at stake. But while the situation can feel dire, it’s important to know that experienced legal guidance is just a click or phone call away.
At Bird, Stevens & Borgen, P.C., we are proud to stand up for Minnesotans like you during their time of need. We have extensive experience to put at your disposal, and we’re ready to answer your questions, advise you of your rights, and build a strong defense on your behalf. Contact us today for a confidential consultation with a DWI defense lawyer in Minnesota, and find out what we can do for you.
Under Minnesota law, it is a crime to operate or exercise physical control over a motor vehicle while
This crime is charged as driving while impaired. Minnesota has four degrees of DWI offenses. A person can be charged with a first-degree DWI, a felony offense, when they commit a violation:
A person can be charged with second-degree DWI when they commit a violation with two or more aggravating factors or if they refuse a chemical test under circumstances with at least one aggravating factor. A third-degree DWI offense occurs when a person commits a violation with one aggravating factor. Finally, committing a DWI with no aggravating factors or prior history of intoxicated driving offenses constitutes a fourth-degree DWI.
Minnesota also has an implied consent law, which deems every driver to have consented to a chemical test of their breath, urine, or blood following a valid DWI arrest. A driver who refuses a chemical test requested by a police officer following a DWI arrest may face a suspension of their driver’s license that can last for one to six years, depending on the driver’s record.
The penalties imposed for a DWI conviction vary depending on the grading of the offense or a defendant’s history of DWI offenses. A sentence for a first-degree DWI can include imprisonment for three to seven years, a fine of up to $14,000, or both.
Penalties for second- and third-degree DWIs depend on the number of prior intoxicated driving convictions in a defendant’s record:
A conviction for fourth-degree DWI can result in penalties of up to 90 days in jail, a fine of up to $1,000, or both.
Furthermore, registering a BAC measured at 0.16 or more within two hours of driving also permits the court to impose an additional penalty assessment of up to $1,000.
There are several potential DWI defense strategies that can be effective based on the circumstances of an arrest. Common strategies used to fight DWI charges include:
An experienced defense lawyer can review the facts in your case to identify possible defenses you might have against a DWI charge.
A drunk driving conviction can have serious repercussions on your career and your personal life. If you face DWI charges, the experienced attorneys at Bird, Stevens & Borgen can provide the strong defense you need. Our firm has served Minnesota and Wisconsin residents for more than 30 years. We can guide you through your charges and protect your future.
Below, we provide answers to frequently asked questions about DWI charges in Minnesota. If you have any other questions, please reach out to our firm.
Minnesota police officers typically carry a portable breath test to measure a driver’s breath alcohol concentration (BAC) when they suspect the driver of drunk driving. You may choose to refuse a preliminary breath test (PBT) on the side of the road; however, you are required to submit to an official breath test at a police station or hospital or face consequences.
Refusing to submit to a police station- or hospital-administered breath test may result in civil penalties, such as the loss of your license. The revocation period will vary depending upon your DWI history and the facts of your case. You can also face criminal penalties for refusing a breath test. The decision about whether to submit to a test at the police station is a fact-intensive inquiry. You are given a limited opportunity at the police station to contact a lawyer about whether to submit to a test or not. It is wise to exercise your right to counsel in making the decision to submit or refuse.
You have the right to refuse field sobriety tests in Minnesota.
Typically, your license is revoked 7 days after your DWI arrest. You have 60 days to challenge the revocation of your driver’s license after a DWI arrest. Immediately contact a criminal defense lawyer if you are charged with drunk driving to fight license revocation.
In most instances, a first time DWI is a misdemeanor offense (Fourth Degree DWI). However, if aggravating factors are present, such as a breath test above 0.16, a child in the car, or if you refuse the breath test at the police station, you can be charged with a gross misdemeanor offense (Third Degree DWI).
If you are involved in a traffic accident while under the influence of drugs or alcohol and the accident results in bodily harm or death to another, you can be charged Criminal Vehicular Operation/Homicide, which can, depending on the circumstance, be a felony.
Criminal expungement of a DWI is possible but can be difficult in the 10 years following your conviction. You should contact a criminal defense lawyer to assess whether this is possible.
Drunk driving checkpoints are illegal in Minnesota. The police need reasonable cause to pull you over for suspected drunk driving. Any violation of the traffic law is reasonable cause. This could include swerving across lanes, driving too fast or too slow for the speed limit, misusing turn signals, running red lights or other poor driving techniques that could suggest impairment.
Given the consequences of a conviction, it’s important to get help from an experienced DWI defense attorney in Minnesota. A good lawyer can help you by:
Let the legal team at Bird, Stevens & Borgen, P.C. help you pursue a favorable resolution to a DWI charge because:
If you’re facing charges of driving while intoxicated in southern Minnesota, you need dedicated legal counsel to help you protect your rights, freedom, and future. Contact Bird, Stevens & Borgen, P.C. today for a free, confidential consultation with a knowledgeable Minnesota DWI defense attorney. We look forward to meeting you, answering your questions, and guiding you through this challenging process.
To schedule a free initial consultation with a lawyer from our firm, contact us online now. You may also call our offices in Southern Minnesota or the Twin Cities. To reach our location in Rochester, call 507-282-1503. To reach us in Bloomington, call 612-421-0526. We are always happy to answer questions about important legal matters.
