Sunday, October 18, 2015
A lot of people that I have worked with - as an experienced Minnesota DWI Attorney - have said: "I will never drink and drive, again." And then ... "Again" happens. The State of Minnesota's Drunk Driving laws makes it clear that repeat drunk driving offenders will encounter harsh penalties.
If you hated your first trip to court for a DWI ... you're really going to his like Round 2. According to the Minnesota Department of Public Safety, law enforcement arrest in upwards of 30,000 people every year for driving while intoxicated. Upon conviction, these people face both criminal and civil/administrative offenses. The public saftey department asserts that people with multiple DWI offenses, over a 10-year period, could encounter the following consequences from a criminal perspective:
For a second offense in which the person’s blood alcohol concentration was under 0.16, the defendant could face a fine of up to $3,000 and up to serving one-year in jail.
For a second offense in which the blood alcohol concentration was at or above 0.016, or for any third offense, the defendant could receive a gross misdemeanor charge that carries with it up to a year in prison and up to $3,000 in fines.
For any fourth offense, a defendant will be charged with a felony and face up to seven years in prison and up to a $14,000 fine.Criminal DWI convictions will remain a part of people’s records for the rest of their lives.
This can have a serious effect on finding employment and suitable housing, especially when the charge is a felony. Convicted felons also lose some of their constitutional rights, such as owning firearms.
The above-listed penalties give judges some leeway when handing down a sentence. When there are aggravating factors present, an offender could face the mandatory minimum penalties available under the law. For example, a second DWI offense alone may be classified as a 3rd Degree Gross Misdemeanor. However, if a child was in the vehicle, the crime, while still categorized as a gross misdemeanor, could lead to a second degree DWI charge and cost you your vehicle. Additionally, if the defendant caused an accident that led to property damage or the serious injury or death of another person, prosecutors could bring more severe charges.
Minnesota’s implied consent law dictates that anyone who is arrested on suspicion of drunk driving must submit to a chemical test of either the blood, breath or urine. The test will be administered within two hours of the time someone was last driving. Refusing to take the test will have consequences, including automatic revocation of the driver’s license.Just like the above penalties, the repercussions of refusing a test grow more serious with multiple offenses. Someone with no prior convictions faces a one-year's long license revocation. However, anyone with prior convictions will have to add that one-year time-frame to any current license restrictions.
As anyone who has been through a DWI knows ... the consquences do not end in the courtroom with criminal sanctions. In fact, for some people, the civil/administrative penalties for DWI can be far more inconvenient. According to the DPS, anyone convicted of multiple DWI charges will have to forfeit their motor vehicle and their license plates will be impounded.The administrative penalties for people with two drunk driving offenses are based on their blood alcohol concentration. For those with a BAC of less than 0.16, they may choose between an ignition interlock device installed on their vehicles and a restricted license for one year, or a total loss of driving privileges for that timeframe. A BAC of 0.16 or over merits the same choices but extends the timeframe to two years.
As an experienced MN DWI Lawyer, I have observed individuals who have three DWI convictions have their driver's licenses cancelled because they have been deemed “inimical to public safety.” To get back to driving, these people often have to enroll in a treatment facility. And ... they will have one year of a limited license with the use of an ignition interlock. After treatment completion, they will have two years of an ignition interlock with a restricted license.
If you or someone you love needs help with another DWI charge, please call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165
Wednesday, October 14, 2015
Minnesota's DWI Laws are some of the toughest in the nation. And, although a judge might have some discretion as to what your punishment will be --- an experienced Minnesota Criminal Defense Attorney can help get you out of some of the most serious consequences - including some of the "mandatory" conditions.
BTW, this dog was NOT arrested for a DWI. But, if he was ... I'd suggest he get FREE ANSWERS from a good lawyer.
Mandatory MN DWI Sentences
If you are a repeat Minnesota DWI offender (within ten years of a past conviction,) there are "mandatory" minimum sentences that judges are "required" by state law to impose.
One thing you need to know ... in the eyes of the Minnesota DWI law, the term “incarceration” can mean more than just jail. It can also include: remote electronic alcohol monitoring (REAM) or home detention (EHM).
Here are the "mandatory" sentences the courts are require to impose for repeat offenders:
Second Offense In a Ten Year Period: A judge must sentence the offender to 30 days of incarceration with minimum of at least 48 hours of time in a jail or workhouse.
Third Offense In a Ten Year Period: 90 days incarceration minimum --- with at least 30 days of incarceration - served consecutively in a jail or workhouse.
Fourth Offense In a Ten Year Period (a Felony): 180 days incarceration minimum– At least 30 days of incarceration must be served consecutively in a jail or workhouse.
If you or someone you love has caught a DWI charge, you can contact the Rolloff Law Office to learn you options ... and find out how to beat these "mandatory" conditions. Call today to set up your fee consultation: (612) 234-1165
Thursday, October 8, 2015
A domestic assault charge is very serious because of the consequences - in court and out --- before court and after - that can occur.
If you or someone you love has been charged with domestic violence, the possible consequences can include jail time, fines, anger management, probation, and an order for protection --- that prevents contact with the victim and any minor children.
What Should You Do?
First, it can't hurt to talk to a qualified and aggressive Minneapolis Criminal Defense Attorney to get answers about how to secure a good result in the case.
All too often, domestic violence claims are the result of a divorce, retaliation, custody battles, and other personal matters. While law enforcement in Minnesota aggressively pursues domestic violence claims --- my experience (both as a prosecutor and a defense lawyer) has shown me that these are tough cases to prove and that sometimes allegations are false. Shoot, even when a claim has merit, that does not mean that someone will be convicted. There may be facts in each case that do not warrant the huge penalties and/or for a parent to be separated from family by way of an order for protection.
Fighting Domestic Violence Claims
Domestic violence penalties in the State of Minnesota are serious. In addition to fine, jail, and probation ... a person’s right to own or purchase firearms can be effected as well.
In addition to the domestic violence accusation itself --- which could lead to criminal charges --- there is also the chance someone can use that situation to gain an order for protection. The complaining witness can acquire this order just with her/his claim.
Don't Screw Around
The moment the charges are filed, it is very important to call an experienced Twin Cities Criminal Defense Attorney. For, as I have told 1000s of clients, just because there is an accusation doesn’t mean that conviction will follow. And, just because the case may seem confusing and difficult doesn’t mean that there is no hope for a more an acceptable outcome. With the right attorney --- you can get the right advice, guidance, and support ... so that you can keep this situation from getting any more complicated.
Domestic Assault is a serious accusation. If you are facing such a charge, it is important to seek representation that you can count on. To learn more about your rights and options, call The Rolloff Law Office at (612) 234-1165 to schedule a free consultation.