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After Your DUI Arrest, Can Your Life Ever Be Normal Again?

Even though you've been arrested for DWI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DWI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses all of which may help you to win your case at trial.

To find out what you need to know about your DWI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

Minnesota DWI Drunk Driving Defense Information

Search forMinnesota DWI Defense Attorneys by County

Attorney Offices by Municipality

• Bloomington
  • Kelly Griffitts: BAC Charts and Penalties
  • Beaulier Law Office: Over the years drunk driving statutes have evolved not only to increase penalties for repeat offenders but to add additional charges. These additional charges increase the DWI conviction rate and make it more difficult for persons arrested on drunk driving charges to defend against the charges.
• Brainerd
  • Ed Shaw: Driving a motor vehicle under the influence of alcohol is a crime. Being under the influence is usually defined as having a blood alcohol content of more than 10% (.10 or greater). Blood alcohol is measured by breath, blood, or urine tests.
• Brooklyn Park
  • Scott Anderson: Being charged with a crime is stressful, and having an experienced lawyer to provide legal representation in the initial through trial stages of a criminal case is critical. The criminal process can be a confusing maze of court appearances, fines, and forms that could have a devastating effect on your personal liberty and privileges.
• Champlin
  • Cynthia Brown: Originally enacted in 1911, Minnesotas DWI scheme has recently been relabeled driving while impaired. The criminal part of the law provides for state prosecution of impaired drivers. Potential consequences include both criminal penalties (such as a fine or imprisonment), and civil penalties (such as the revocation of a drivers license). The offense of driving while impaired consists of driving or being in control of a motor vehicle: > While under the influence of alcohol, a controlled, or hazardous substance; or > With an alcohol concentration of .10 or more > If a commercial vehicle, with an alcohol concentration of .04 or more; or > With any amount of certain illegal drugs in the body. The degree of the offense depends upon the circumstances of the case. Aggravating factors may lead to a higher level offense. The factors include prior driving offenses, blood alcohol of .20 or more, or having a child under 16 in the vehicle at the time of the new offense. The Minnesota Legislature has also enacted new laws making certain DWI's a felony. It is also a crime to refuse to submit to a chemical test under Minnesotas implied consent law. The arresting officer may choose a breath, blood, or urine test. However, no action may be taken against a driver who refuses a blood or urine test unless an alternative test was offered.
• Cook
  • Trenti Law: The DWI law is complicated, and in all cases you should have the advice of an attorney in order to ensure that your legal rights are properly protected.
• Detroit Lakes
  • Timothy Dodd: If you have been arrested for drunk driving, you face the prospect of a fine, possible loss of driving privileges, and even jail time. Depending on the circumstances of your arrest, DUI/DWI charges can be successfully overcome.
• Duluth
  • Richard Holmstrom: Being charged with a crime is a serious matter.
• Eagan
  • Jeffrey Sheridan: The American criminal justice system is accusatorial, not inquisitorial. This means that the burden is entirely upon the accuser to prove your guilt beyond a reasonable doubt, and to do so without extracting evidence from you against your will (the inquisition). You (the accused) have no obligation to participate or cooperate with your accuser's investigation and, if handled properly, your silence or lack of cooperation cannot be used in any way against you at trial.
• Edina
  • Greg Mulligan: If you have been cited for DUI/DWI, you should know that the law gives serious consequences upon conviction. And these punishments drunk driving are even more severe for repeat offenders. A DUI sentence may require you to pay a substantial fine, serve some time in jail, or both. In addition to any fines or jail time, your driver’s license may be suspended, even if it is your first offense. You will have to find alternate transportation and go through considerable effort to regain your driving privileges after a drunk driving conviction. To add insult to injury, many insurance companies will drop your motor vehicle coverage if you get a DUI. The companies that will insure you will only do so at a greatly increased premium. It is easy to see how important it is to protect your rights – and to do that, you need a lawyer who will work to stop these consequences from becoming reality.
  • Dennis Dalen: Although it may have many names, including driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), drunk driving, and drunken driving, operating a car after using or while using alcohol and drugs is a serious matter.
• Hopkins
  • Heaney Law Firm: Are you seeking a lawyer for legal representation in Driving Under the Influence (DUI), also known as Driving While Intoxicated (DWI)?
  • Reigel & Associates: Although most people are familiar with the term DWI, it is important to know that this term is included in what the FAA refers to as motor vehicle actions. Under FAR 61.15(c), a motor vehicle action is (1) a violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; (2) the cancellation, suspension, or revocation of a license to operate a motor vehicle, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or (3) the denial of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.
    
    A motor vehicle action triggers the reporting requirements of FAR 61.15(e). The airman is required to provide a written report to the FAA Civil Aviation Security Division within 60 days that includes: (1) The person's name, address, date of birth, and airman certificate number; (2) The type of violation that resulted in the conviction or the administrative action; (3) The date of the conviction or administrative action; (4) The State that holds the record of conviction or administrative action; and (5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.
    
    FAR 61.15(f) states that failure to provide the FAA with this written report can result in (1) Denial of an application for any certificate or rating for a period of up to 1 year after the date of the arrest; or (2) Suspension or revocation of any certificate or rating. If an airman finds himself or herself in this situation, it is important to keep several things in mind in order to properly comply with FAR 61.15 and avoid the consequences of a failure to report.
    
    First, in many states, an arrest for DWI starts a two-track process: a civil action and a criminal action. The civil action is an administrative action against the offending drivers license that typically results in immediate temporary suspension of the drivers license pending the outcome of the administrative action. The criminal action is a criminal prosecution against the driver that may or may not result in the driver actually being convicted of DWI. For example, in many instances an initial charge of DWI can be reduced to a charge of careless driving or some similar, but lesser offense.
    
    Under FAR 61.15, both the civil action and the criminal action are considered motor vehicle actions. The immediate suspension of the drivers license pursuant to the civil action triggers the obligation to make a written report to the FAA. If the driver is later convicted of DWI, another report must be made. This multiple reporting situation makes it imperative that the drivers statement under FAR 61.15(e)(5) clearly explain that the later conviction arose out of the same factual circumstances as the civil suspension previously reported. The absence of a clear explanation can result in confusion with the FAA incorrectly believing that the driver has had two motor vehicle actions rather than just the one.
    
    The second important and often misunderstood point is that the report required by FAR 61.15(e) is separate and distinct from the answer an airman is required to provide on an Airman Medical Application, Form 8500-8. Question 18(v) of the medical application specifically asks whether the applying airman has had any convictions or administrative actions for DWI, etc. However, the answer the airman provides on the medical application does not replace or satisfy the reporting requirement of FAR 61.15. The FAA has suspended many airmens' certificates when the airmen have incorrectly assumed that their disclosure on the medical application was sufficient.
    
    
• Lindstrom
  • Chad Nelson: Don't face your legal troubles alone!
• Mankato
  • Eskens & Gibson: Contrary to what some people may think, there is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of driving in Minnesota. If youve been stopped and arrested for drunk driving, you will be faced with the decision of whether to take such a test. On the one hand, refusing to take the test has its consequences: your license can be revoked for a year merely for the refusal (even if youre perfectly sober); and your refusal may be admissible as evidence of your guilt at a trial of the drunk driving charge. Accordingly, in Minnesota, where there was no accident, it is most advisable to take the test. On the other hand, if you were involved in a serious accident, it may be advisable not to take the test and endure the revocation rather than provide evidence of a possible criminal vehicular operation. In Minnesota, even a first time DWI could get a 30-day jail sentence if the test exceeds .20. If you are a first time DWI and over .20, it may be advisable to refuse the test. Your revocation would last a year versus 180 days for the .20, but there is no 30 days in jail.
• Minneapolis
  • DeGree Law Offices: A drunk driving conviction can have a devastating impact on your life, but it's a mistake that doesn't have to ruin your future. Legal advice is needed, however, to take the correct steps—and quickly. If you've been stopped anywhere in the Minneapolis / St. Paul metropolitan area and charged with Driving Under the Influence (DUI), you must contact a Minnesota DUI attorney immediately. You have only 30 days to contest your driver's license forfeiture. If you fail to contest a DUI, you may give up your right to contest vehicle forfeiture.
  • Douglas Hazelton: Did the police have probable cause (a good, legal reason) for the stop? A policeman may not stop you on a "hunch" because you looked "suspicious". There has to be some reasonable cause, such as a violation of traffic laws, erratic driving, an accident, or some other good reason.
  • Thomsen & Nybeck: There is not a bright-line rule establishing precisely what is and what isn`t probable cause. However, what has become apparent is that a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officers hunch, with nothing more, will not satisfy the requirements.
  • Max Keller: In order to get a work permit, you need to wait a specified mandatory waiting period. The mandatory waiting period to get a work permit varies from 15 days for most first time offenders (unless you test .20 or more, in which case it is 30 days) to up to one year (i.e. no limited at all), depending on: (1) whether you took the test or refused; (2) your test results (whether you tested .20 or more); and (3) the number of prior DWI's you have. Because of the growing complexity of DWI law, ... hire an experienced attorney like me to help you navigate the maze of "the system." I will help you get your work permit or full license back as soon as possible. You will also need to (1) take the written test on Chapters 7 and 8 of the driving manual which deal with the effects of alcohol and drugs and the regulations concerning DWI, etc., (2) make an application for a new driver's license, and (3) pay the reinstatement fee of $690. If, HOWEVER, you have filed an implied consent petition to challenge the revocation of your driver's license, then you should not be required to pay the $690 fee. ... all drivers who want to fight their criminal DWI charge also file an implied consent petition to challenge their driver's license revocation, which is a separate civil case. Many drivers can win their implied consent case based on cops not showing up for trial, technical issues such as missing or improperly filled out paperwork, misleading advice from police to drivers, insufficient time to contact an attorney when under arrrest, etc. Winning your civil implied consent license revocation case will then give you leverage over the prosecutor in the criminal DWI case.
  • Claudia Engeland: DWI laws do not require a person actually to be driving a car to be guilty of the offense. All that is required is that the person be "in physical control" of the vehicle. Physical control can mean sitting in a car, even without the keys in the ignition. Also, the vehicle does not have to be a car. DWI-related offenses can apply to farm tractors or boats.
  • Eric C. Nelson: Did the police have a legitimate reason to stop your vehicle or to detain you in the first place? If not, the resulting evidence is inadmissible by operation of the United States Constitution and the Minnesota Constitution, which protect us against unreasonable searches and seizures. :
  • F.T.Sessoms: Exercise your right to counsel before making your decision on chemical testing. The right to counsel is extremely important. An experienced attorney will tell you the ramifications of your testing decision and will tell you how to challenge any test obtained by the State. You have the right to arrange for an additional test, to be administered by a person of your own choosing, and experienced counsel can inform you how to arrange for your independent test while you are still at the police station!
  • Thomas Gallagher: Your and our constitutional rights, human rights, liberty rights, are not mere "technicalities," as some have argued. They are what separate us from authoritarian, fascist and communist dictatorships. Only by defending the other person's rights can we defend our own, whether as soldiers in wartime, or as jurors and lawyers in court.
  • Jeffrey Ring: The politics of DWI have led to the jailing of even some first-time offenders, depending on the facts, the County, the Judge, the prosecutor and the defense lawyer. A second alcohol-related offense within ten years carries a mandatory minimum 30-day jail sentence. A third offense in ten years carries a mandatory minimum 90-day sentence. A fourth in ten brings 180 days minimum. A fifth timer in ten years is hit with a minimum year in jail. In the summer of 2002, a fourth offense in ten years is an imprisonable felony, and the old license revocation counts as an old offense, even if you got out of the DWI conviction. There are many legal defenses to explore to your advantage, whether to win the case, or to "win the result". Defend yourself with the best legal advice you can find.
  • Lundeen Law: If you are in the unfortunate situation of being accused of a crime, remember you are innocent until proven guilty.
  • Peter Timmons: A DWI/DUI can cost thousands of dollars more in automobile insurance.
  • Richard Kyle: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.
• Minnetonka
  • Dennis Dalen: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury (or judge) must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
  • Paul Ahern: A DWI in the State of Minnesota is a serious crime that requires an aggressive and knowledgeable defense. Many judges will place even a first-time offender in jail. There are mandatory jail sentences for repeat offenders and even first-time offenders who test .20 or more. There are additional penalties to ones drivers license, automobile forfeiture and higher insurance rates, and in many cases forfeiture of your automobile.
  • David Kelly: Blood Alcohol Information Page
  • Brennan Law Office: Misdemeanors are on the low end of the spectrum of crimes, each punishable in Minnesota by a $700 fine or 90 days in jail, or both. The typical first time DUI offender is charged with up to five misdemeanors and is facing jail time. Repeat DUI offenders face vehicle forfeiture and impoundment of license plates. Drivers' license problems are in addition to and separate from the criminal charges. The role of a good lawyer in these cases is to guide the client through the legal maze and lessen the penalties through negotiation or litigation. Gross misdemeanors are offenses punishable in Minnesota by a $3,000 fine or up to 1 year in jail, or both. Felonies involve sentences of over one year in jail and result in loss of your civil rights.
• Moorhead
  • George Ulseth: You can be arrested by driving while over the legal BAC in your state or while impaired, however, you need not actually operate the car in order to be arrested. You may be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. Simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in "actual physical control" of the car.
• Olivia
  • Kraft Walser Hettig & Honsey: Convictions for DWI or other traffic violations can have serious adverse consequences.
• Rochester
  • Patterson, Ostrem & Swisher: WHAT IS DRIVING UNDER THE INFLUENCE? Drinking alcohol and taking certain drugs affects your ability to safely operate dangerous equipment such as automobiles, motorboats and industrial equipment. It is against the law to operate an automobile if you are so under the influence of drugs or alcohol that you can not safely operate the motor vehicle.
• Roseville
  • Ramsey, DeVore & Olson:
    Your recent arrest for an alcohol offense has put you at risk under the law.
    You risk the following:
    • Lengthy driver's license revocation.
    • License plate forfeiture.
    • Vehicle forfeiture (not just impounded -- but seized and sold!).
    • Two years in jail.
    • Four Thousand Dollar Fines.
    • Increased insurance costs
    You can protect your future by fighting these charges. 
• Shakopee
  • Jaspers Moriarty & Walburg: There are bad stops! There are many things that you need to do before appearing in front of a judge.
• St. Cloud
  • Micheal Samuelson: If are charged with a first time DUI or DWI or even a second time conviction, it is imperative that you consult with an attorney right away. Even on a first offense, a DUI or DWI conviction can have serious consequences. In fact, if your blood or breath alcohol level (BAC) was over .20, you may face mandatory jail sentences and fines. Even a first offense with a blood alcohol concentration below .20 has potential penalties of up to 90 days in jail and a $1,000 fine. In addition in any DUI / DWI case, you may be required to attend an alcohol safety class, submit to a chemical assessment, and follow any treatment recommendations, which may potentially include inpatient or outpatient treatment.
  • Kenneth Wilson " DWI (Driving while Impaired) or also known as DUI (Driving under the Influence) is a very serious charge. Being arrested or even charged with one of these crimes means almost certain revocation of your drivers license (often before you even set foot in court). In addition, DWI/DUI is an enhancable offence which means that that the penalties will increase based on aggravating factors.
• St. Paul
  • Ron Tschida: Inmany cases, of course, a criminal defendant will decide toplead guilty to some type of offense, and there are a broad range of consequences that may follow.
  • Mattson Law Office: DUI DWI charges are a serious threat to your freedom and life. You need aggressive, skilled help now.
  • Laurie Nevers: Criminal defense is serious business - it is the only aspect of legal practice that could result in the loss of liberty for the client. Because of the serious consequences, it is important to choose a criminal defense lawyer who is experienced, respected and passionate about that practice.
• St. Louis Park
  • William Kueffner: The defense attorney's starting point is to gather as much information about the facts of a case as possible. This starts with obtaining copies of all police reports and other documents generated by law enforcement relative to the case. In some cases the police have made audio or video tapes of parts of the arrest, testing or booking procedure. These are also "discoverable" by the defense, meaning that the defense attorney has the right to obtain copies of such tapes. And of course, the attorney will want to discuss the facts of the case with the client in great detail. There are often areas where the client's description of what happened differs from the account contained in the police reports. It is essential for the attorney to identify the areas where the client agrees with the police reports and those areas where the client disagrees with the content of the reports. The attorney also must go through all the police reports and related documents carefully to look for areas where the documents might show that the police failed to follow all the correct procedures.
• Waite Park
  • Bradshaw & Bryant: If you are charged with a felony, or a serious misdemeanor such as drunk driving (DWI), you should speak with an experienced criminal defense attorney immediately. Criminal cases move quickly and you should be represented at every proceeding.
• White Bear Lake
  • Mitchell & Associates: A DUI/DWI conviction depends on a test of your BAC. Unfortunately, often times a person is not even the slightest bit aware of what his or her BAC is prior to stepping into a vehicle. In fact, you may have been completely unaware of your guilty condition prior to having your BAC tested. Nonetheless, intent to drive drunk is not required for a drunk driving conviction. Still, close cases provide the greatest basis for a successful defense. For example, where 0.8 percent BAC is just within the legal limits and you are found to have 0.9 percent BAC, your attorney may have a strong case when arguing the invalidity of your blood alcohol test. (Also, in a close case, an experienced defense attorney may succeed in negotiating a plea to a lesser offense.)