Monday, August 15, 2011

DWI - Save Your Minnesota Driver's License

Just because you have been arrested for a Minnesota DWI (or refused to take the DWI blood, breath or urine test) does not mean that you will automatically lose your driver’s license.

If you've been stopped for a DWI - then, either on the night you were stopped or subsequently in the mail - you were probably informed that your license would be soon be taken away. 

If you drive after losing your license, you may have to pay a high bond or bail to get out of jail. Under Minnesota state law, you also will face another criminal charge - one that could see you facing jail time and a huge fine --- all of this in addition to the DWI consequences you could be up against. 

So, what should you do?

How to Save Your Minnesota Driver's License

Here are the most common steps that your Minnesota Criminal Defense Attorney should take to ensure that your driver's license is saved.
  1. Request a hearing and demand the officers' presence. This will afford you and your attorney a preview of what evidence the government will rely on at trial, a rare thing when it comes to criminal cases. All officers involved in the case must show up and justify the actions which resulted in the revocation of your license.
  2. Retest the sample, if possible. Testing errors may save your license.
  3. Investigate the adequacy of the stop of your vehicle. The officer must have had a reasonable articuable suspicion that a crime or traffic infraction was being committed before he can legally stop you..
  4. Investigate the adequacy of the arrest and request for a test. In most cases the officer must have developed probable cause to believe that you were impaired by alcohol before placing your under arrest.
  5. Check the times of events. Officers must perform the tests within certain guidelines.
  6. Check the labeling of the sample. It must be identified as being yours.
  7. Demand an Implied Consent Hearing in front of a judge. Fabrications and other errors are often first noticed at these hearings.

How Do You Get Started?

If you've been charged a Minnesota DWI call the Rolloff Law Office at (612) 619-0262 and have me review your case for free.  The sooner you get started the better.

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