The dWI defenders in Minnesota

Minnesota does not have a separate charge for driving under the influence. When someone is charged with driving under the influence, it's called DWI, or driving while intoxicated.

In Minnesota, the consequences of a DWI conviction can be significant. The exact penalties you may face depend on the specific circumstances of your case, such as your blood alcohol concentration (BAC) level, your criminal history (most importantly, your prior DWI convictions within the relevant lookback period), and whether anyone was injured or killed as a result of your actions. Typical consequences include fines, license suspension, alcohol education, vehicle impoundment, jail time, and community service.

Yes, you have the right to contest a DWI charge in Minnesota. If you have been charged with a DWI, you have the option to plead guilty or not guilty. You may also challenge the evidence or the charges themselves, by filing a motion to dismiss for lack of probable cause (or on another basis) or by filing a motion to suppress some or all of the evidence. If you plead not guilty, your case will proceed to trial, where you and the prosecution will present evidence and arguments to the court. The judge or jury will then decide whether you are guilty of the charge.

A DWI test refusal is not a DWI strictly speaking, but it is treated so in terms of how it is litigated, the effects of a conviction, and in most other ways.

DWI test refusal cases can be defended: evidence can be suppressed, a reasonable refusal defense may be made, and an argument that there was no probable cause for the initial arrest on suspicion of DWI, if accepted by the jury, can result in a not guilty verdict.

It may be possible to get your license back after a DWI in Minnesota, but the process can be complex and depends on the specific circumstances of your case.

In a number of the DWI cases we defend, we will advise our clients to further retain us to file a lawsuit against the Minnesota Department of Public Safety to have the implied consent license revocation rescinded.

This gives rise to a civil hearing that typically tracks the trajectory of the criminal case. When the court grants this petition, the client’s driving privileges are returned to the the state they were in before the DWI charges. This is the best possible outcome.

Either before the outcome of the implied consent hearing, or in the event that the revocation wasn’t challenged or the ruling was not favorable, there is still a path to being able to lawfully drive. To get your license reinstated, you may be required to complete certain requirements, such as paying a reinstatement fee, completing an alcohol education or treatment program, and installing an ignition interlock device on your vehicle. You may also be required to provide proof of insurance and pass a driver's license exam.

It's important to note that the process for getting your license reinstated after a DWI can be complex and may vary depending on your specific situation. You should consult with an attorney for specific information about the steps you need to take to get your license back.

It is generally a good idea to consult with a lawyer if you have been charged with a DWI. A DWI charge can have serious consequences, including fines, jail time, and the loss of your driver's license.

An experienced criminal defense lawyer can help you understand the charges against you and the potential consequences of a conviction. They can also advise you on the best course of action to take and represent you in court. A DWI charge is as complicated as any other criminal case; they should only be entrusted to experienced criminal defense lawyers.

It may be possible to plea bargain a DWI charge in Minnesota. Plea bargaining is the process of negotiating a plea agreement with the prosecution. In a plea agreement, you agree to plead guilty to a lesser charge or to a reduced number of charges in exchange for a more lenient sentence or other concessions from the prosecution.

Plea bargaining can be a useful option for individuals who have been charged with a DWI, as it can allow them to avoid the risk and expense of a trial. However, it's important to note that plea bargaining is not available in all cases. The experience of your criminal defense lawyer, as well as the lawyer’s reputation, can have a strong influence on how willing the prosecutor may be to extend a favorable plea offer.

In Minnesota, a DWI conviction stays on your criminal record indefinitely. This means that the conviction will appear on your record for the rest of your life and can be accessed by law enforcement, courts, and other authorities.

You should consult with an attorney for specific advice about the steps you can take to mitigate the effects of a DWI conviction.

Most Minnesota DWI’s are eligible for expungement. However, prosecutors will usually oppose petitions for expungement of DWI convictions.

It is important to consult with a criminal defense lawyer to determine whether your DWI conviction is a viable candidate for expungement, and if there are any steps that you can take to improve the probability of a successful expungement.