Thursday, September 8, 2011
Minnesota DWI Charges with a Test Below (.08)?
In Minnesota, we're told that the legal drinking limit is (.08). What that means is that if the alcohol content of your blood (your "BAC") is determined to be (.08) or higher, you are legally considered intoxicated and can be charged with Drunk Driving.
That being said, did you know that you can also be charged with a Minnesota DWI even though your BAC is found to be less than (.08)?
In a case where an individual's BAC is measured to be less than (.08), the government cannot offer the blood test to prove that the offender was driving drunk. Rather, what they will rely on (for charging - and at trial) are the observations made by the officer that made the arrest.
What he'll have to explain is how and why an individual's driving conduct and/or actions and appearance at the time of the stop lead the officer to conclude that the driver was under the influence of even a minimal amount of alcohol. Often this is done by offering evidence of any failed Field Sobriety Tests.
Granted, in many of these cases, a plea bargain is often available - but if you want to fight the charge - knows this: These matters are very defensible.
What Should You Do?
In order to navigate the often confusing legal system, your first best call should be to an experienced Minnesota DWI attorney. If you want to take full advantage of the one shot you'll have to right this wrong - contact the Rolloff Law Office today for the comprehensive legal services that you'll need to ensure the best possible resolution of your DWI case.
Call today - (612) 234-1165 for a free, no obligation consultation.