Minnesota DWI Laws

DUI Attorney Minnesota

The laws in Minnesota regarding drinking and driving (aka DWI- Driving While Intoxicated or DUI- Driving Under the Influence) law is comparable to the laws in most other states, given that an arrest in Minnesota for a DWI sets into motion both a criminal case, where a variety of punishments including jail time and large fines are sought after and a Minnesota Department of Public Safety case, where your Minnesota driving privileges are affected.

It is extremely important to speak to a Minnesota DWI defense attorney right away when you have been arrested for a suspected DWI in Minnesota. The DWI laws in Minnesota are some of the most stringent in the country and you are given a limited amount of time to take action in order to preserve your driver's license once you are arrested for a DWI or DUI in Minnesota.

Due to the complications of the DWI laws, it is a specialized area of the law and you should seek an attorney that specializes in it. Minnesota DWI / DUI law is unlike other states in one way that can help you in this situation because once someone is arrested for a DWI there they have the right to speak to an attorney before taking a chemical test to determine alcohol content. This can be helpful as there are circumstances that can affect the outcome of the test and persons with certain medical issues or circumstances will be better off taking certain chemical tests. If you do not have a lawyer the police are required to provide you with a phone book so you may find one. It is vital to call a Minnesota DWI defense lawyer to protect your rights and preserve your driving privileges. Refusal to take a chemical test (after contacting your lawyer) following an arrest for drunk driving is a separate criminal offense and will cause additional penalties to be put upon you.

The punishment for a DWI in Minnesota's criminal court is up to 90 days in jail plus fines and mandatory alcohol education classes. The driver also faces the loss of his or her driver's license and possibly the license plates or even the vehicle itself. Even if it is a first-offense but there are several "aggravating factors" such as a child or children in the vehicle or a BAC twice the .08 limit it is considered a gross misdemeanor and penalties are increased up to one year in jail and a fine of up to $3,000. The outcome for a second DWI offense within 10 years is also considered a gross misdemeanor and includes penalties of up to one year in jail plus a fine of up to $3,000.

A third DWI within 10 years will cause more severe punishments and your car will be impounded immediately and will likely be kept with no compensation to you. There is increased jail time for a third DWI and an alcohol abuse evaluation must be obtained. Even if you are not an alcoholic, it is necessary to prove it at this point.

Minnesota DWI laws make a fourth-offense within 10 years a felony. A felony drunk driving conviction IN Minnesota will include three years in prison and a fine of not less than $14,000. This will also be a permanent part of your criminal record and will affect future employment possibilities.

There are various factors that will affect the sentence and other punishments you receive if you are found guilty of a DWI in Minnesota. Your best chance at receiving a fair trial, sentence and fines and being able to reinstate your driver's license is to hire a lawyer who specializes in DWI's in Minnesota.

If you have been arrested for a DWI in Minnesota or Wisconsin contact the Law Office of Meshbesher & Associates at 612-332-2000