St. Paul DUI Defense Attorney
Trusted DWI Lawyers Providing Strong Representation in Minnesota
The Minnesota legal system takes drunk driving charges very seriously, and the entire process can be overwhelming and confusing for someone who was found driving over the legal limit and charged with their first DWI. You may be fearful that one mistake will mean the court has it in for you, and your legal options for a strong defense are limited.
While you are right to be concerned and take action, the good news is that DWI cases like these are not new for St. Paul criminal defense lawyers like the Adams Law Firm, PLLC team. When your DWI charge puts you at risk for many devastating future problems like losing your driver’s license or driving privileges, having an ignition interlock device, or potentially even facing jail time, it’s time to speak with a criminal defense attorney who understands the ins and outs of DWI defense.
How Bad is My DWI Charge?
You don’t have to be a criminal defense attorney to know that a DWI charge is a serious charge with a massive potential impact on you. However, a DWI attorney can also tell you that other mitigating factors can have an even more significant impact on criminal cases, which you need to understand if you want to mount a strong DWI defense.
For instance, many people know that according to drunk driving laws in Minnesota, you are intoxicated if your blood alcohol content (BAC) is above 0.08. However, many do not realize that the penalties can increase if the BAC exceeds 0.16, which is twice as high. Another factor that can have an impact on the penalties is if a child under the age of 16 was in the vehicle at the time of the drunk driving incident. The same is true if a DWI incident leads to an injury or death.
Other additional factors may affect the nature of your DWI or DUI charge, impacting the severity of your penalties. The details of certain circumstances can be complicated. They can change the case differently, so it’s always best to speak to a defense lawyer, preferably a DWI lawyer with many years of experience.
How Long Does a DUI Stay on My Record?
Many people dealing with criminal charges related to a DWI are rightly concerned about the potential long-term impact on their criminal records. The unfortunate reality is that drunk driving and DUI charges like this remain on your criminal record indefinitely. That means that there is no process by which they are automatically removed. Also, because later charges can use previous convictions from as far back as 10 years earlier to increase the penalties, you cannot go through the expungement process to remove the charge.
Minnesota’s DWI laws are strict and have a long-lasting impact. That’s why determining a vigorous DWI defense with a competent criminal defense attorney is your best course of action. Rather than letting the result of a criminal case negatively impact your life and future for years to come, you should set up an initial consultation with an experienced attorney as soon as you can to begin putting together your defense strategy.
What Are the Penalties for DWI Conviction?
Minnesota takes DUI and DWI law seriously, and that is reflected in the penalties that can result from a DWI case. While many details and factors can change the potential penalties for a DWI, most of the penalties can be divided into four primary categories. The information below provides a broad overview of the four categories and the general expectations for what penalties you could be facing. Keep in mind, however, that these are only estimations and that the opinions of the judge and the facts of the case can change outcomes, sometimes drastically.
Commercial Driver DWI
Because commercial drivers are on the road more than common drivers as a part of their training and profession, the rules for what constitutes a DWI charge have a lower threshold than other drivers. Their responsibility on the road is higher, so their rules are more strict. For example, while the driver of a regular vehicle needs a BAC of 0.08 to get a DUI, that number is lowered to 0.04 in the case of commercial drivers.
Not only are the rules more strict, but the punishments can also be more severe. A DWI conviction can lead to a commercial driver being fully disqualified from their commercial driving privileges, which has an enormous impact because it’s not just the lost ability to drive but also the lost ability to make a living.
There are more factors that can impact commercial drivers as well. If you have a CDL and you get a DWI or DUI even while driving a non-commercial vehicle, you can still lose your commercial license for a year. Even more severely, if a commercial driver was transporting hazardous materials during the DWI arrest, the license suspension jumps from one year to three.
Misdemeanor DWI Charges
The misdemeanor DWI or DUI charge is the most common, as it involves a BAC above 0.08 but below 0.16 while operating a non-commercial vehicle. In most cases, a first DWI is a misdemeanor unless there are severe mitigating circumstances that would escalate the charge.
For a misdemeanor charge, the maximum jail sentence is 90 days. Fines can be up to $1,000. This conviction could also include a 90-day revoking of driving freedom and certain license restrictions.
Gross Misdemeanor DWI Charges
Once a driver’s BAC reaches 0.16 or higher, the misdemeanor charge changes to a gross misdemeanor. This is still a misdemeanor charge, but its penalties are greater than those for a standard misdemeanor. Other reasons for a potential gross misdemeanor could be that the driver caused another person bodily harm during the DWI or that the driver had a child or children in the vehicle.
In the case of a gross misdemeanor charge, the maximum jail sentence rises from 90 days to one year. The accompanying fines can potentially triple from a standard misdemeanor fine up to $3,000. Revoking driving privileges can last a full year instead of 90 days, and you could be required to use an ignition interlock device to test your BAC before driving. There is even the potential for license plates to be confiscated, or you may be required to forfeit your vehicle.
Felony DWI Charges
Minnesota law states that a charge of DUI or DWI can escalate from a misdemeanor to a felony if one of a few factors is at play in the DWI case. The first is if the driver has received three or more DWI convictions within the last decade. The second is if the driver has previously been convicted of a DWI at the felony level. The third and final factor is if the driver caused serious injury or death to another person or an unborn child as a result of their intoxication or impairment.
As you can imagine, this is the most severe charge, and the penalties reflect that severity. The jail sentence can last up to seven years, and the fines can reach almost $15,000. Rather than revoking driving privileges or a temporary loss of license, this charge can potentially cancel your ability to have a license at all. Like the gross misdemeanor charge, you can also lose your license plates and be required to forfeit your vehicle.
How Do I Get to Work if I Lose My License?
In modern society, navigating daily life, getting to work, and caring for yourself without the ability to drive is extremely difficult. That’s why many people charged with a DWI worry about living without their driver’s license.
In most DWI cases, there is some aspect of license loss, whether for a brief period of 90 days to a year or the cancellation of your ability to get a license at all. This is where working with St. Paul DWI lawyers like Adams Law Firm, PLLC can be helpful to you. An experienced criminal defense lawyer can help you get a limited license, which some people call a hardship license.
Not all DWI cases will be eligible for these, but your lawyer can let you know if you do. Some factors that make you eligible are if you need a license to:
- Get to an alcohol or drug treatment program
- Get to and from your work
- Get to and from your college, university, or trade school program
- Get your child to and from school if you are a stay-at-home parent
You may be eligible for a limited license if any of these factors apply to you. However, even if these don’t apply, you should still speak with a DWI attorney to know all your options.
What Should My Defense Be for My DWI Charge?
Because Minnesota law is unflinching in its seriousness about DWI issues, you and your DWI lawyer must strategize about your criminal defense to get the best possible outcome for you. Defense lawyers have a deep knowledge of the law and what prosecutors and the court will likely bring against you. They’re the ideal partner to work with you and plan how to deal with the alcohol or drug charges you’re facing. You and your DWI layer may consider these four potential elements of a strong criminal defense.
Explanation of Drunk Driving Symptoms
Police officers often use physical symptoms and behaviors as indicators of suspected alcohol or drug intoxication. However, it is essential to remember that not all bodily movements and behaviors come from the same root cause.
For instance, police officers may cite red eyes, slurred words, unsteady walking, or a flushed face as physical symptoms of intoxication. The truth is, allergies can cause red eyes; slurred words could result from a mental or developmental issue or physical deformity; unsteady walking could also be from a physical deformity, and a flushed face could be caused by something as simple as a head cold.
The same is true for behaviors. Nervousness is a common trait, even for people who are not intoxicated. Trouble answering questions can be from nervousness and learning disabilities as much as from intoxication.
That’s why it’s important to discuss any potential explanations for symptoms cited by police officers as evidence of intoxication. A good DWI attorney will know how to apply the law to those mitigating factors.
Field Sobriety Test Issues
Many officers will subject drivers to a field sobriety test in an attempt to find evidence of intoxication. While this can often be a helpful measure of a person’s cognitive abilities, failure on a field sobriety test does not prove intoxication.
For instance, many things can affect a person’s balance and coordination during a test. Footwear can impact results, especially if the shoes have tall heels or other impediments. A person’s natural physical abilities while standing may not reflect their abilities while sitting down, especially in the case of physical disabilities. Other personal factors, such as clothing, and environmental factors, such as the terrain of the ground where the test is given, can also greatly impact the results. And finally, nervousness is a huge factor for people not accustomed to being pulled over.
Breathalyzer or Chemical Test Flaws
In addition to field sobriety tests, police officers often use breathalyzers or other chemical tests to establish intoxication. It’s important to remember that these machines are not foolproof, and there have been times when faulty results and false positives have been thrown out as evidence in a case.
Not only can the machine’s performance malfunction, but it can also be affected by outside sources, such as medications, mouthwash, and even medical issues that cause false BAC readings, such as diabetes, hypoglycemia, and low-carb diets. Be certain to share all potential issues with your DWI attorney for your best chance at refuting questionable breathalyzer results.
Lack of Reasonable Suspicion
Many drivers are not aware that a police officer needs reasonable suspicion of intoxication to pull someone over, as well as probable cause to make a DWI arrest. You and your attorney may be able to uncover that there were no behaviors or signs that would create reasonable suspicion enough to warrant the officer’s decision to pull you over. Without probable cause and reasonable suspicion, your attorney may be able to move to suppress any evidence that was obtained during unlawful detention.
Do I Need to Hire a St. Paul Criminal Defense Attorney?
While no one is required to hire an attorney for their DWI case, the truth is that an experienced criminal defense lawyer can provide the kind of compassionate representation you need at this moment. They can potentially help you avoid excessive jail time and other excessive punitive actions taken by the law in Minnesota court.
In the battle to preserve your freedom and future, a DWI attorney with years of experience and knowledge, like Adams Law Firm, PLLC, is your ideal partner. Don’t risk the uncertain impact on all your tomorrows that your conviction could bring by yourself. Call 651-240-9282 today so we can get started helping you find your best outcome.