Tuesday, January 3, 2012
Minnesota DWIs - Clean Your Record (Explained)
As a Minnesota Criminal Defense Attorney, I'm often asked by individuals charged with Drunk Driving how long a conviction will stay on their record, or if the can come back at some future date and have the charged Expunged.
The bad news is that in the State of Minnesota a DWI will stay on a person's record forever, and it can NEVER be erased.
A Minnesota DWI is both a Criminal and Traffic Offense. As such, a conviction for a Drunk Driving goes on both a person's Driving and Criminal Records. Beyond that, a DWI is what's called an enhanceable offense - meaning that prior convictions can be used to elevate/increase the penalties (and designation of) future offenses of a same or similar nature.
Under Minnesota Law, as revised a few years ago, a combination of three prior alcohol-related driving offenses within the previous 10 years can result in a Felony for a fourth such offense (in that same time span.)
The rationale, I presume is that if a DWI is expunged, a person could avoid being charged with subsequent felonies - avoiding the sorts of Free Passes for DWI's that no politician is ever likely to back.
What Should You Do?
The best way to keep a DWI off of your record (short of not being charged with one in the first place) is to have someone on your side - if you're in fact charged - to ensure that it is fought so that your future is preserved.
I've defended individuals charged with DWIs - and I've earned them outcomes that preserved their otherwise clean records. Call the Rolloff Law Office today to ensure that you have someone working for you to hold the government accountable - (612) 619-0262.