Minnesota DWI Questions - Answered

If you have been charged with DWI, please review the following information and do not hesitate to seek help from an experienced Minnesota DWI Defense Attorney.

How drunk does someone have to be before they can be convicted of driving under the influence?

In the State of Minnesota, any blood alcohol level of (.08) or higher will subject you to criminal charges and/or a conviction. However, your driving skills are affected from the first drink of alcohol. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.

How many drinks can I have before being over (.08)?
It is not the number of drinks alone that determines how high your blood alcohol levels are. Wine, beer, mixed drinks and hard liquor have different percentages of alcohol so it’s more important to focus on how much total alcohol you have consumed over a certain period of time. Additionally, your impairment and your blood alcohol levels are influenced by gender, age, weight, amount and type of food you have eaten, medications, and other factors.

Do I have to take a blood, breath, or urine test if asked to do so by the police?

The answer is almost always “yes” because refusing to do so is considered a crime, a Gross Misdemeanor, in the State of Minnesota. If you refuse to take a test when you are stopped, your license may be revoked for at least a year --- depending on any "priors" you might have.

I tested under the legal limit and I’m still charged with DWI, is that legal?

The answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if the alleged improper driving conduct establishes that the driver is “under the influence” of alcohol.

How long will I lose my driver’s license?

The length of revocation or cancellation of your driver’s license depends on many factors including your blood alcohol concentration, whether or not you took the test, the number of prior offenses, your age, and the length of time between offenses. Typically, if it is your first offense and your blood alcohol concentration was under (.16), your license will be revoked for 90 days --- but maybe as few as 30. For more information, you should contact The Rolloff Law Office at (612) 234-1165.  

When can I get a work permit (limited license)?

Again, a person’s eligibility for a work permit (limited license) depends upon numerous factors including, but not limited to, blood alcohol concentration, number of prior offenses, and whether or not you took the test. Typically, if it is your first offense and your blood alcohol concentration is under (.16) then you can apply for a work permit 15 days after the expiration of your temporary license.  

How do I get my license reinstated or get a work permit?

Generally, in order to have your license reinstated, or to get a limited license, you must follow the requirements established by the Department of Public Safety. If it is your first offense, you must: (1) pay the reinstatement fee,, (2) make an application for a new license, and (3) take a written test on chapters 7 and 8 of the Minnesota Driver’s Manual. 

If convicted of Drunk Driving, you could face fines, penalties, jail time, and more. Because of these harsh results, you would be making a serious mistake if you took your DUI / DWI lightly! Get the legal help you need from an experienced Minnesota DWI Lawyer. Call the Rolloff Law Office TODAY. (612) 234-1165

Stopped For a Minnesota DWI? (Explained)

As I am sure you're aware --- Minnesota Police Officer are focused on DWI enforcement  - often to the exclusion of all other offenses.  So... what does that mean for you, right?

Everyone knows weekends mean more celebrations... going out, etc, and that means more police on the roads. It's no secret -- the news even reports on it. So how do you stay out of trouble?

The first and best way to avoid a Drunk Driving Arrest --- and a call to an experienced Minnesota DWI Attorney is, of course, to avoid driving while impaired. You can:

Use a designated driver.
Call a commercial designated driver program if you have had a few too many (in the Twin Cities, services like Drink and Drive Intelligently (651-338-1425) or Dry Drivers (651-491-9363) provide you AND your car a ride home). 

Know your limits. 

B.A.C. Calculators can help you estimate whether you would fail a breathalyzer. 

Be safe.
Failing that, what happens if you get pulled over for Driving Under the Influence? 

What should you do, and what should you not do?

DO

• DO be polite and courteous with police. You will NEVER help yourself by being rude or especially assaulting police.
• DO take a breathalyzer test if requested. Minnesota is an "implied consent" state, which means it is a crime to refuse to submit to a breathalyzer. In fact, the penalties for refusing to take a breathalyzer test can be more severe than driving drunk. In almost all circumstances, you are better off taking the breath test, even if you think you will fail it.
• DO pay attention to the officer's name and, if possible, badge number.
• DO sign a traffic citation if you receive one. Signing a traffic ticket is just agreeing that you received it; it is not an admission of guilt.
• DO write down your own version of what happened as soon as possible. It will help you remember later and may help you if your case goes to trial.
• Finally, DO call a lawyer immediately if you are arrested, and refuse to answer any questions other than your identifying information.

DON'T

• DO NOT, ever, verbally or physically assault a police officer. This will subject you to much more serious charges.
• DO NOT lie to police officers. Again, this is far more likely to land you in greater trouble than it is to get you out of it.
• DO NOT answer any questions about your evening or how much you have been drinking. You have a right not to answer questions. Exercise it.
• DO NOT sign anything except a normal traffic ticket.

By following these steps, you can keep yourself out of trouble, or at least, keep the trouble you are already in from getting worse. Be safe this weekend.

Minnesota Criminal Defense (is the Best Offense)

In basketball, there are offensive plays and defensive plays, and a good team understands that it’s succeeding in a combination of these two types of plays that helps them win the game.

In a criminal case, the State is usually on the offense: they bring the complaint, and carrying the burden of proof throughout the case.  And the defendant is usually on the defense: Defending his constitutional and procedural rights, ensuring that the police didn’t overstep the rules and that there is sufficient evidence being presented by the State for it to meet its hefty burden.

However, there are times the defendant also gets to play offense. This happens when their experienced Minnesota Criminal Defense Attorney utilizes an Affirmative Defenses. Bringing an affirmative defense has the same effect as when the home team manages to get the ball just about all the way to the visitor’s goal line before they let the visiting team get the ball back, so the visitors have to go the whole length of the field all over again to try to score.

The best Affirmative Defenses can set the State back substantially and sometimes, they can also act as a complete bar to an element of the State’s case, effectively stopping the State from proceeding.

Common Affirmative Defenses

1. Self-defense, and Defense of Others.   True self defense or defense of another requires that an individual acted out of fear for his/her safety or the safety of another against the imminent use of unlawful force against him/herself or another. Factors that affect a claim of self defense are things such as the extent of the right to self defense in the situation, the force used, against whom it was used, and for what reason.

2. Entrapment. When someone is induced or persuaded by law enforcement officials to commit a crime that the person had no previous intent to commit, he or she has been entrapped.

3. Mental illness or Deficiency. This defense asserts that at the time the acts constituting the offense were committed, the defendant was not capable of comprehending that what he or she was doing was a crime due to mental illness or deficiency.

4. Duress. If a defendant participated in a crime only because he or she believed or had reason to believe that he or she would be seriously harmed if he of she did not participate, the defendant may be able to use the defense of duress.

5. Intoxication. Involuntary intoxication, or involuntarily being under the influence of a drug or substance – can be an affirmative defense. Voluntary intoxication is only potentially a defense against the intent element of a crime; it can be used to prove an act was committed recklessly instead of with intent to cause serious harm.

Whether an Affirmative Defense applies in your case or not is a decision that you and your attorney need to make together.  The next right step, contact The Rolloff Law Office at (612) 234-1165 and find out if there's a good defense to defend you offense. 

Minnesota DWI - Asleep at the Wheel (Explained)

You can imagine that as an experienced Minnesota DWI Attorney I get asked a lot of questions from friends and family about how to avoid a Drunk Driving arrest. 

The most common of these often touch on the all too real belief that if they've had too much to drink, and they realize as much while they're driving, the best thing to do is to pull over and just sleep it off. 

In a lot of common sense ways this would seem to make sense; however, as was the case with this poor man from northern Minnesota (link) if the keys to said vehicle are anywhere in your immediate vicinity - you could be arrested and convicted of a Minnesota DWI.

Minnesota's DWI Law - Physical Control

In Minnesota, the law states that you can be charged with Drunk Driving if you have “physical control” over a motor vehicle when you have a blood alcohol level over the legal limit. And, by the looks of things, the courts take a rather expansive view of the that term - physical control.  So that if someone is in a position to even exercise the slightest dominion over their vehicle (and that much difficulty make the vehicle a source of danger) law enforcement is well within its rights to arrest you. 

Granted this interpretation begs all sorts of questions.  Such as: What if someone is merely walking to his or her car in the parking lot of a bar, after they've had too much to drink, with their keys in their pocket and merely intending to get something from inside it; or if someone is just doing some repairs on their hot-rod in the garage or drive-way and enjoying a few 'pops' while doing do --- What kind of liability are these people subject to?

What Should You Do?

There's the common law and there's common sense - and often the two do not always jive.  If you've been arrested for a Minnesota DWI - whether you were driving or not - your next, best move is to contact an experienced Minnesota DWI Attorney to learn your rights.  As a colleague of mine is fond of intoning, just because you've been arrested that does not mean you will be convicted.  Talk to someone who knows what they're doing - and learn how to fight for common sense interpretations of the law.

If you need to discuss a DWI arrest contact the Rolloff Law Office.  I have extensive experience, from both sides of the aisle - in assisting individuals charged with Drunk Driving.  Call (612) 234-1165 to set up a free DWI consultation - today.

Top 5 MN DWI Mistakes (and How To Avoid Them)

One in seven drivers in the State of Minnesota has been arrested Drunk Driving. To many, an arrest for DWI is considered the biggest mistake of their lives. However, instead of learning from that mistake, all too often these same individuals compound that error in judgement by committing the following missteps. 

Here are the Top 5 Post-Arrest Minnesota DWI  mistakes:

#5 - Not Taking a MN DWI Arrest Seriously

As like with almost no other charge on the books in the State of Minnesota, an conviction for Drunk Driving will follow you around for the rest of your life. Couple that with the fact that - in addition to the penalties that a judge will impose - there will be life long consequences such as driver's license revocations and increased motor vehicle insurance charges that you'll have to navigate. Moreover, a conviction can NEVER be Expunged from your record.

#4 -  Failing to Appear for Court and/or Driving After Your License Was Revoked

If you fail to show up for court, the judge issue a warrant for your arrest Then, the next time you are stopped for a traffic infraction, you will be spending some time in jail and probably be posting some bail to insure your future appearance in court.  Oh, and if your driving at the time (without a valid driver's license) expect to get another ticket for that too.

#3 - Failing to Hire an Experienced Minnesota DWI Attorney

DWI law is complex and to ensure that your constitutional rights are protected and that your arguments are heard you really need competent representation on your side. To win the results you desire, someone must effectively raise the right defenses - at the right time) -or you will lose your right to argue them forever. If you fail to do that, a winnable case could quickly become a loser. Think of it like seeking medical attention - for cuts and scrapes maybe Dr. Mom is okay; but, if you need someone to counsel your through a major medical procedure... you're goning to need a real doctor. As such, if you not a lawyer, maybe you better turn over your case to someone who knows how the system works.  See also: Believing That Googling "Minnesota DWI Defenses" Will Help You Handle Your Own Case.

#3 -   Taking the Government's First Settlement Offer.

In my experience, as both a lawyer for the government and as an experienced Minnesota Criminal Defense Attorney, I know that the first offer is seldom a bargain; rather it is often just a way for the prosecutor to get rid of a case without having to do too much work on it. Believe me, at this stage of the proceedings very few cases are dismissed or reduced to a non-alcohol related charge. In addition, if you just settle your case, you give up the biggest right you have - and that is to have the government prove its case against beyond a reasonable doubt. 

#2 -  Failing to Appear for Court and/or Driving After Your License Was Revoked

If you fail to show up for court, the judge issue a warrant for your arrest Then, the next time you are stopped for a traffic infraction, you will be spending some time in jail and probably be posting some bail to insure your future appearance in court.  Oh, and if your driving at the time (without a valid driver's license) expect to get another ticket for that too. 

#1 - Hiring an Attorney Based Only On What They're Charging

The government has nearly unlimited resources when it comes to prosecuting your case. To ensure your rights - and most specifically to preserve your future - you need to hire an attorney and pay a fee which will allow him to put in the time and effort your case requires to fight the state's case.  Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you choose your attorney based on the lowest bidder, he may not be able to put in the time necessary to protect you. He also may not have the right experience with Minnesota's DWI Laws. In stead of the cheapest guy - look for a reasonable, predictable fee.

What Should You Do?

When you hire a Minnesota Criminal Defense Attorney, you should consider more than just price. Ask yourself this, in addition to the out-of-pocket-costs you'll incur --- what else is important to you?  Do you want personal attention, aggressive representation, someone who is experienced in getting his clients just and fair results?

Hey, I've worked on both sides of the aisle - as a prosecutor and a criminal defense attorney. I know the law, I know the government's schemes and motivations - and as a result, I know how to get my clients the results they desire.  Oh, and, I charge a reasonable, well-earned fee.

If you or someone you know needs effective representation - feel free to contact me today to schedule a free, no obligation consultation.

Minnesota DWIs and Public Defenders

The person who represents you in court is often the most important decision you'll make - if you've been charged with a crime. Many individuals who find themselves arrested for Drunk Driving must decide whether they will hire an experienced Minnesota Criminal Defense Attorney to represent them --- or request that the court appoint a public defender to do so.

So what are the differences?

In addition to the criminal charges you'll face - if you've been charged with Drunk Driving, understand this: the state has also implemented a civil lawsuit against you called an Implied Consent proceeding.  Since this is not a criminal action, a public defender does not represent you for that case; however, a private attorney would.  And know this - for a number of individuals the Implied Consent Hearing has as big of an impact on their future as does the criminal case.

Another major distinction between a public defender and a private Minnesota Criminal Defense Attorney is the number of actual open cases that a public defender has going at any given time - a number that seems to get larger and larger because of the government's current budget woes. 

Granted, public defenders are probably some of the best legal minds going, but due to the time crunch they face they just can't give their clients the personal attention one would expect when going through something as serious as this.

What Should You Do?

While public defenders are exceptional attorneys, due to the extent of their work load they cannot always provide the time and attention a client needs.  Private, experienced Minnesota Criminal Defense Attorneys can litigate the criminal and the Implied Consent portion of your case and they can spend the time necessary to ensure the best possible outcome for you.  If you need help with a legal matter, feel free to contact the Rolloff Law Office and schedule a free, no obligation consultation - today.

Minnesota DWI Conviction - SR-22 Insurance Form (Explained)

One of the hidden penalties of a Drunk Driving arrest, as discussed earlier, is the impact on your motor vehicle insurance. If you've been recently convicted of a Minnesota DWI you may be required to file an SR-22 Insurance Form before you can apply for the reinstatement of your driver’s license. 

As with all DWI related issue, it is important that you discuss this issue with an experienced Minnesota Criminal Defense Attorney to explore the options applicable for your specific situation.

What's an SR-22 Form; Why Do I Need One?

An SR-22 is an insurance certificate that individuals who have been convicted of DWIs and/other related offenses maybe required to submit. Generally, the form is filed by your insurance provider and is meant to prove your financial responsibility through a sufficient and existing liability insurance policy that you have with that provider.  If required such a form is required, you are often obliged to maintain an SR-22 insurance policy for at least three years, depending on the nature of your conviction.

The types of SR-22 forms that may apply if you've been convicted of Drunk Driving include: (i.) an Operator’s Certificate for when do not own a vehicle; (ii.) an Owner’s Certificate for vehicles you own; and (iii.) an Operators-Owners Certificate for owned and non-owned vehicles that you may use.

Where Do You Get SR-22 Insurance Policy Forms?

Auto insurance providers, who specialize in SR-22s, will have these forms. However, I would caution you to shop around - because some providers charge higher premiums than others. Shop around; remember, you're going to be required to carry this level of coverage for at least three years, you are going to need to factor cost into any decision to go with a vehicle insurance provider,  If you need help, contact your Minnesota DWI Attorney for a recommendation.

Then, once you settle on an insurance provider, you have to pay the processing fee and wait for the agency to send the proper request to the Minnesota Department of Public Safety - this usually takes approximately 30 days. If you're approved - you will receive the SR-22 form from the insurance company and a letter from the department stating the details of it.

One Important Reminder!

Never let your SR-22 lapse. Insurance providers are required by law to immediately notify the state if your SR-22 coverage runs out.  If that is the case - you could see your license revoked and you may have to go through the whole SR-22 procedure again - this could also include starting the three-year minimum period starting all over again too.

What Should You Do?

If you have been convicted of Drunk Driving, one of the most important discussions you'll have to have with your Minnesota DWI Attorney is on the whole SR-22 issue. Know this, the process isn’t easy, but with some assistance I do believe that you’ll find that it is in your best interest to submit to it if you wish to regain your driving privileges as soon as possible.


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 True Cost of a Minnesota DWI

If you've been arrested for DWI - chances are criminal charges are probably not far behind. But, believe me the "cost" of those charges is going to be more than just the fine or the jail time you could receive if you plead and/or are found to be guilty of that offense. This is why, when you approach the question of whether you should hire an experienced Minnesota Criminal Defense Attorney , you should look at it as an investment in your future - to preserve not only your rights... but also your pocketbook.

What You Could Be Facing

For someone convicted of Drunk Driving, the possible penalties you could face include: revocation of your driver's license, fines, and in some cases - jail time. However, in addition to the penalty a judge could impose, you could also be facing a number of hidden penalties.  One of these is the threat of an increase to your car insurance.  A conviction for Drunk Driving can double or even triple your rates in the short term.  One company, Progressive, asserts that they'll seek to charge you approximately double what you were previously paying if you are convicted of a DWI and that you should expect to pay that rate for it for at least a few years.
 
Another great article (link here) making almost the same point - suggests that unless your cab fare would be in excess of $10,000 - you may want to strongly consider paying pay for that taxi. 
 
Do the math, and after you add up the fines and the fees - as well as the increased insurance premiums - the final total will likely run into the thousands of dollars. Add to that the prospect of a criminal record that will follow you wherever you go - and I would hope that you see just how seriously you need to take these matters. 

Remember, you really only get one chance at these things; wouldn't you do whatever it took to protect yourself for the long term?

What Can You Do?
 
Understand this -  the money you spend today, could be the only insurance you have against the additional costs that you'll most assuredly have to pay in the future.  If you've been charged with a DWI you really need to consider the services of an experienced Minnesota Criminal Defense Attorney to represent you - if not for the here and now - then for the days and years to come. 

Ignition Interlock (Explained)

As of July 1, 2011, the DWI laws have changed here in the State of Minnesota and as such the Department of Motor Vehicles (DMV) has stopped issuing work permits or limited driver’s licenses to first-time DWI offenders whose alcohol concentration are found to be above (0.15) - and all to any repeat Drunk Drivers. 

In place of these long-standing remedies, the DMV has begun an Ignition Interlock program. 

Ignition Interlock?

An ignition interlock is a device that a driver blows into prior to starting his or her vehicle (and occasionally after the vehicle has been started.) If the device detects alcohol in the driver's breath, it "locks" the driver out. Theoretically, if the device is in a car and working properly, the driver won't be able to start the car and won't run the risk of driving drunk. As a result, everyone is safer, right?

Granted, the program does allow for drivers to regain their full driving privileges more quickly, in some cases as soon as they can be set up the program, after a Drunk Driving arrest; however, it ain't going to be cheap.  And, if you can't pay - you can't drive.

Ignition Interlock - Is it for You?

I can't deny that this program will be particularly beneficial for drivers whose licenses have been canceled as Inimical to Public Safety (IPS) or for those individuals who have had multiple alcohol-related driver's license revocations or DWI convictions - because it may allow those most drivers to actually regain their licenses in a reasonable amount of time.  (Prior to such a program, a driver canceled IPS had almost no option other than to wait out the entire cancellation period.)

However, due to the fact that these new laws could impact 1st time offenders - with relatively low alcohol concentrations - the question remains: Will it hurt more alleged violators than it helps?

For those who are willing to comply with the program's requirements, a huge disadvantage is that it can be quite expensive. In addition to the driver's license reinstatement fee you must pay (of aproximately $680.00) you could also be assessed certain application fees to even get into the program.  You might also be ordered to complete (or at least enroll in) certain chemical treatment and/or health assessment programs.

Coupled with those costs, the Ignition Interlock device (and the monitoring equipment) also comes at a price.  As of the now, it's believed that to install it will set you back aproximately $100 - and to operate it --- that could top out at something approaching a $125 each month.  All in all, if your license is revoked for up to a year - you're looking at a total cost approaching $2,000 or more.

How Will This Impact You?

The program's requirements will vary depending on your driver’s license status - whether your license has been revoked or canceled and/or if you have previous revocations or cancellations for Drunk Driving on your record.

Sometimes practical considerations also might come into play such as: What if you must drive a work vehicle or what if your spouse also drives your car?

Because this program is a new one, a number of kinks are going to need to be worked out - and unfortunately these "common" problems aren't always going to come with easy answers.

What Should You Do?

If you are facing a loss of your driver’s license, because of a Drunk Driving Arrest, the best thing you can do is to speak to an experienced Minnesota DWI Attorney today.  Get the answers you need - and the defense you deserve.

DWI Urine Testing (Explained)

It's enough to make you angry or even (to be a tad vulgar) - P*ssed Off. 

Minnesota, unlike nearly every other state in the union, insists on relying on an outmoded and (IMHO) unreliable means to determine an individuals blood alcohol-concentration - they test Urine. 

What's Wrong With Urine?

Urine samples, because of the wide array of problems and challenges available to an astute, experienced Minnesota Criminal Defense Attorney, are generally thought of as the least reliable of the three (blood, breath or Urine) types of chemical tests used to determine the amount of alcohol in an individuals system.

What does this mean for you? Well,the bad news is that it could lead to an unfair arrest and charges of Drunk Driving; however, do to the inherent problems in collecting and testing such samples - it could also be what gets your arrest and the subsequent charges dismissed.  Alas, the cost to getting to that point prohibits me from saying that that is "good" news.

What Problems?

There has been a lot of heated arguments made in court rooms throughout state around the issue of Urine testing as of late.  Often those battles are over: (i.) how the sample was collected and stored; (ii.) whether or not the person from who the sample was taken got a chance to first void his/her bladder before collection, and (iii.) if a warrant is necessary to collect such a sample in the first place.

What Should You Do?

The government has doctors, lawyers and various experts on its side - shouldn't you have the same sorts of protections working for you to ensure that they're doing their job correctly, that your rights are protected and so that you can get the outcome you desire?  If you answered YES to that question - you are taking responsibility, for yourself, your actions, and your future - as such, you should reach-out to an experienced Minnesota DWI Attorney.

The Rolloff Law Office picks apart every part of our client's DWI cases - from the conduct of law enforcement (their searches and seizures) down to an analysis of the scientific tests they require you to perform. No part of your arrest should  go unexamined.  Be smart, if you've been arrested (or believe that you will be charged with a crime shortly,) contact an attorney and learn your options.  Trust me - often it's the best investment against a uncertain future.

Minnesota DWI Arrest - Now What?

If you've been arrested for Drunk Driving - you probably have a million questions. These are some of the  most frequent questions I get.

• What's really going to happen to me as a result of my arrest?

Not only will you be facing the possibility of criminal sanctions - you also need to know you could lose your driver's license, have your vehilce's license plates impounded and be subject to having an Ignition Interlock Device installed . 

•What kind of penalty am I likely to get after DWI offense?

If it is your first offense, most judges order you to pay a fine, do some sort of community work-service and an have your alcohol use assessed.  If this is your second, third or fourth offense, then the penalties are more severe and could include increased fines, looooong jail sentences, and even the loss of your vehicle.

•Will it is dangerous to take a blood, breath or urine test if I'm asked?

In Minnesota, if you fail to test - back at the station - that's a crime in an of itself.  Before being asked to provide a sample for testing, take advantage of your right to consult an expereinced Minnesota DWI Attorney. Due to the recent changes in the state's DWI laws - you'd be foolish to do otherwise.

•Can a Minnesota DWI Lawyer help avoid a conviction for a first-time DWI arrest?

An experienced and qualified DWI lawyer can help you to avoid or reduce the penalties and punishments you might face, if you've been arrested for Drunk Driving. At a minimum, he'll ensure that the government followed standard procedures and if they failed to do so - he will make the proper arguments in court to ensure that those errors are pointed out.  

If you or someone you love has been arrested for Drunk Driving, you should immediately contact an experienced Minnesota DWI Lawyer to learn your rights and to begin the fight to get you the results you desire. 

The Breathalyzer (Explained)

Most Minnesota drivers are familiar with what a Breathalyzer is and what it is alleged to do.  (In Minnesota, the Intoxilyzer 5000 is the device of choice in most jurisdictions; however, that will soon be changing as it is phased out and new Datamaster machines are employed. 

At their most basic, these devices are used by law enforcement to determine if someone is Driving Drunk - to see if a driver's alcohol concentration is (.08) or greater. 

What Does (.08) or Greater Mean For You?

If you learn one thing today, I hope it is this - a breath test result of (.08) or greater does not necessarily mean that someone is too drunk to drive. Rather, all lawmakers have done is mandate that that level of alcohol concentration in someones system - (.08) or greater - is by itself enough to determine that someone is too drunk to drive. Ass such, nothing much else about one's ability to drive really matters. The result is the result - as far as the cop, prosecutors and all to often judges and juries are concerned. Therefore, instead of being able to make a case that a driver's perceptions, conduct, balance and/or judgement are not effected by the amount of alcohol in his or her system, the work of an experienced Minnesota DWI Attorney  is often centered around taking on a machine printout that by itself is presumed to prove someone is too drunk to drive a vehicle properly.

The Problems with Breath Testing

A breath tests top task is to test the level of ethyl alcohol in your blood. (One's breath is tested, instead of blood, because it is cheaper and less intrusive.)  This is done by determining the relationship between the alcohol content in one's breath and then extrapolating that number out to determine the alcohol content in one's blood. This can be done because one way alcohol is expelled from the body is through he deep tissues of the lungs which is then breathed out of the body.

However, because it is not blood - there can be problems.  Not the least of which is that the temperatures in the lungs changes throughout the process, IMHO limiting the true true relationship, or correlation, between the alcohol in your breath and in your blood - often leading to grossly inflated overestimations.  Another problem is that humans have been found to have ethanol alcohol in their systems - even without having having had consumed alcohol.  There are also extensive issues surrounding how one's breath is tested - and what the machine does and does not "read". 

At the end of the day, I feel comfortable asserting that breath test machines, like the Datamaster and the Intoxlyzer 5000, aren't 100% accurate. Therefore, the results they produce - the almighty number that will label you a Drunk Driver - is likely inaccurate. 

What Should You Do?

In addition to digesting the information collected here about the "hows" and the"whats" of Minnesota's DWI laws -  if you or someone you love has been arrested for DWI - your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights and to have him fight for you in court.  

The Top 5 Minnesota DWI "Rules"

Although there is really only one foolproof way to "beat" a Minnesota Drunk Driving arrest, there are some things that you can do to protect yourself from doing the government's work for them. 

Sure, if you follow these "rules" it is quite possible that you will be arrested; but, if you don't follow them, it is just as likely that you'll be taken into custody. The difference between the two?  Well, for one, you can save yourself from giving law enforcement the kinds of evidence that they will later use against you in court.  In addition, you might make it easier for an experienced Minnesota DWI Attorney to win you a favorable result - when and if you are ever charged with Drunk Driving.

It goes without saying that the easiest way to avoid the attention of law enforcement - when traveling on the highways and byways of the State of Minnesota is to follow the rules of the road.  This includes - abiding by the speed limit (the most common circumstance I've seen for the cops to initiate a vehicle stop,) not texting and driving, wearing your seat belt, coming to a complete stop for stop signs and/or traffic lights, and driving entirely within your lane of travel.  If you've failed to heed this warning, then you need to follow these rules.

#1 - Never Admit to Drinking

Don't get me wrong, any contact with law enforcement is bound to be stressful and often, a certain human-instinct kicks in where you want to be helpful. If you're like me, you either believe you can negotiate your way through the situation - proving your innocence to the police officer - and/or you somehow come to think that if you cooperate with him that he'll take some sort of pity upon you and in the face of (often) insurmountable evidence just let you go.  Believe me, neither of these courses of action is better than doing and saying nothing.

When the police start asking you about where you've been, where you're going, or what you've been drinking - believe it or not their #1 concern isn't - or your well being; rather, what they're trying to do is gather information - that they might use against you at a later time.

Remember, your right to remain silent - you don't have to answer these questions. Instead, offer up you identification information and then graciously zip your lip.

#2 - Field Sobriety Tests - Don't Do 'Em!

In the past, I've tried to make my opinions known on this issue - here, here, and here.  The simple truth of the matter is - virtually nothing you can do during the performance of these tests is going to make it any less certain that you will not be arrested.  Remember, your performance on these "tests" is being judge by someone who thinks you've been driving drunk.  With that said, isn't safe to assume that he is not going to be looking for your successes; rather, his focus is going to be on your failures - where you're performance is not perfect.  Therefore, this rule is a simple one -  say No to the Field Sobriety Tests.

#3 - The Portable Breath Test - Don't Do it!

The reasons for this are the same reasons as for why you should politely decline doing the Field Sobriety Tests - you don't have to, it doesn't help you, it helps the officer make his case against you, and they're often unreliable.  In addition, this test is not allowed to be entered into evidence in your case.  Again, just say NO to the PBT!

#4 - Exercise your Right to Speak to Minnesota DWI Attorney
If you do as I've suggested you do - it is all but certain that at some point you'll be arrested.  At that moment, you're supposed to entitled to speak a Minnesota Criminal Defense Lawyer. Once you ask for an attorney, the police are should stop any questioning of you and take the reasonable steps to get you get in touch with a lawyer. That's your Constitutional Right - use it. Don't let the cops try to talk you out of it. I know this is going to be hard to understand, but asking for a lawyer does not make you look guilty. It makes you look smart. People ask for attorneys because they need an expert help them deal with the police. Don't be afraid to get help.

#5 - Treat the Police With Respect - Even if They're Rude to You 

DWI investigations are not fun - for anyone. And believe it or not, that kind officer who on another occasion helped find your dog, may not have that same disposition when it comes to dealing with you when he thinks you've been driving drunk.

No matter how hard it can (and often will) be - you have to remain calm and hold your tongue. If you don't - your actions will be used against you later --- this I can assure you. The calmer you remain and the less you let the cops get to you - the better your case.

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The next time you are stopped and investigated for Drunk Driving, put these five suggestions to use. You'll be glad you did. If your reading this after you've been stopped (and thinking - "where was this before I was so stupid?") don't fret. Just because you've been arrested for a DWI does not mean you will be convicted of that offense.

Take the next right step - be smart, now, and contact an experienced Minnesota DWI Attorney to explain to you your rights and to fight for you in court.

Domestic Assault - Explained

As criminal cases go, Domestic Assault is often the most difficult to deal with.  The accusations, which are can be easily made, are extremely serious and no matter the outcome of the case - life changing consequences are often the result. 

Domestic Assault charges are very powerful claims which affect everyone involved. The accused is often concerned with the stress of dealing with their criminal case - the possible betrayal by the loved one who's making the accusation - and the difficulty of working through the feelings of judgment from other individuals in their life.

Often, you feel as though you have no one is listening to you - and you have nowhere to turn. One right choice you can make is to reach out to an experienced Minnesota Criminal Defense Attorney - because you need someone on your side, fighting for you, your rights and your future. 

What's Going to Happen?

A conviction for Domestic Assault can mean serious consequences including fines, jail time (or even prison for repeat offenders,) and certain programming - like anger management and chemical dependency treatment or other classes. In addition to any legal punishment the judge might impose, these charges and/or a conviction also come with a handful of collateral consequences that can affect the accused's parental rights, their iimmigration status, their right to own and possess firearms, their living situation and their jobs and employment possibilities.

With all of that on the line, don't you need someone working for you who understands the intense emotions surrounding these serious criminal charges?

Who Can Help?

I do my best to keep clients informed about all aspects of their cases and involve them in their defense. By looking into self-defense claims and witness credibility issues - along with employing powerful defense strategies, my aggressive representation will protect your rights if you have been charged with Domestic Assault.

If you have been charged with a crime of Domestic Violence - my advice is to contact an attorney immediately. An experienced Minnesota Criminal Defense Attorney can quickly begin to protect your rights and assure that your side of the story is heard.

Make sure your lawyer takes the time to listen to your point of view and fully understand your objectives.

Fair Play?

As the esteemed Mr. Ward rightly asserts in this article - and any client should know - defense attorneys have an "absolute right" to request reassignment if they don't believe a judge can be fair.

As a matter of fact, I'll take it one further - as a Minnesota Criminal Defense Attorney, it is my overriding responsibility to do the best that I can do for my client - and if that means that I know a judge is not going to give my him or her a fair shake - then I have a duty to remove that judge.

If the government is going to come after you - if they are seeking to take away your rights and freedoms, to fine you huge sums of money, and to possibly do harm to your reputation and to your future - then the least that they can do is to allow my client and I to have their case decided out on a level playing field. To do otherwise, cheapens justice for all of us.

Common DWI-Drunk Driving Questions. Part I

As a Minnesota DWI Attorney, I get questions - lots and lots of questions. Some have rather specific answers - such as: "Will my driver's license be suspended - for how long?" Others, like: "What do the cops look for when searching for Drunk Drivers?" are a little less well-defined and often open to some kind of interpretation.

Here are some of the questions that I've been asked:

#1 - Why me?

Often this is the one of the first questions people ask when they're pulled over and arrested for DWI --- Why me? This is especially true if that person only had a few drinks or was not "driving drunk." 

The truth is - there is no rhyme or reason for why. Believe it or not, in the State of Minnesota, you can be arrested for DWI even when you don't intend to drive drunk. All the government generally looks for is whether there was alcohol in your system, at the time that you were driving, and did the amount of it exceed the legal limit.  If it did - you can be arrested.

Therefore, as much the people I've spoke to want to know "why" - I have to tell them that the best course of action is not to dwell so much on the "how come" but rather to begin to focus on the "what now." Because, an arrest for Drunk Driving does not always mean that he or she will be convicted of DWI.

More often than not, the people I've met with have never been in trouble with the law before. Sure, maybe they've picked up a speeding ticket or two - but they've never been involved with something that require them to go to court and to have to interact with attorneys and judges.  If you have been stopped and arrested for Drunk Driving it is important that you speak to an experienced Minnesota DWI Lawyer about your case.

#2 Why am I being charged with TWO Drunk Driving offenses? 

The traditional DWI offense is "driving while intoxicated" and it is concerned not so much with how much alcohol was in your system at the time of driving- but rather did that alcohol (usually ANY amount) influence and/or impaired your ability to drive. In Minnesota there is also a second, so-called "per se" offense that you can also be charged with. It concerns it self with the concentration of alcohol in your blood - if it is .08 or greater then you can be sited under this provision of the statute.

More often than not BOTH offenses are charged and you can be convicted of both - but you can only be punished for  one of them. If your case involves a Refusal to Test charge then only the traditional offense will be charged.

#3 - What is the punishment for Drunk Driving? 

The criminal consequences you could face will vary - depending on the particular circumstances of your case and where you were stopped and arrested. Generally speaking - first time offenders are looking at a sentence of 90 days in jail and a fine of $1000. Now, don't freak out - nearly (if not all) of the jail sentence will be "stayed" (ie., hung over your head) as will a large portion of the fine. Often this is done to ensure that you comply with the Courts other conditions which can include that you: undergo a Chemical Dependency Evaluation, attend a M.A.D.D. Victim-Impact Panel, and that you remain law abiding during the term of your probation.   

For a second offense, in addition to the conditions listed above - you will also most likely face some time in jail. In addition, you could have your vehicle and/or your license plates taken away.

#4 - What Will Happen to My Driver's License?

When you are charged with a first-time, misdemeanor DWI, you will receive a temporary license allowing you to drive for 7 days. After a 15 day period without any driving privileges (22 days after being charged with DWI,) you will be eligible to get a limited driver's license. Subsequent or more serious DWI offenses, may lead to longer suspensions and/or the revocation of your privilege to drive.
 
Although this is by no means a comprehensive list of the questions that I've been asked, these are some of the consequences that you need to be aware of and consider. 

If you've been arrested for DWI, your first, best defense should be to call an experienced Minnesota DWI Attorney and have him or her address you rights, your questions and your concerns.

DWI Defenses - What Should a Good Lawyer Challenge?

As a prosecutor, I was asked time and time again by individuals who had been charged with a DWI if they needed a lawyer - or not. To a person, my answer was always the same - "Yes!"

I believed it then - and I continue to subscribe to it now --- every individual charged with a DWI should (at the very least) speak with an experienced Minnesota Drunk Driving Attorney about their case.

Often their follow-up was - "Why? I'm guilty ... I was drinking and then I drove. The officer then stopped me, tested me and determined that I was over the legal limit. What defense do I have - what could an attorney possibly do for me?"

Well, a common misperception is that speaking to (and/or hiring) an experienced Minnesota DWI Lawyer demonstrates to the government that you are somehow trying to avoid taking responsibility for what occurred. Believe it or not, decent prosecutors don't look at it that way.  They understand that the Constitution guarantees every individual charged with a crime the right to an attorney and that what you're doing isn't trying to "get away" with something, but rather that you're holding them accountable - ensuring that your rights are protected.

If you're arrested for DWI - an experienced Minnesota DWI Attorney should know to address these issues.

#1 - Did the Cops Have a Valid Reason to Pull You Over?

The police can’t stop a vehicle on a mere hunch; the Courts have said that they must have a “reasonable suspicion” to pull you over. Generally, these stops occur as a result of the observations that an officer makes about how you're driving.

In my opinion, this is the best place to defend a DWI case - because if the "stop" of your vehicle was unconstitutional - the government's whole case goes away.  In my experience, judges dislike technical arguments (such as the breathalyzer doesn't work properly - type) because it might tend to show that they're soft of Drunk Drivers. However, they are sticklers for the rules - and ensuring that a defendants rights are protected. A good Minnesota DWI Attorney should be able to demonstrate that just because an officer says something is so - doesn't always make it true. Especially, when it comes to opinions about driving conduct.

#2 - The Field Sobriety Tests Were Not Reliable.

Plain and simple, the roadside gymnastic-like exercises that the police have drivers go through on the side of the road are just not good evidence tending to prove that a person is drunk. Seriously, one's inability to "properly perform" these tests can be attributed to other factors than drinking - including:  pre-exsisting injuries, medical conditions, your weight, your age, the place where the test was to be performed, the weather and the officer him or herself.

By knowing the rules for the administration of these tests, an experienced Twin Cities DWI Lawyer should be able to demonstrate to a judge and/or a jury that these tests are biased.

#3 - Challenge the Breath Test

As the recent news has shown, testing someone's breath to measure the amount of alcohol in that person's system is susceptible to error. Experts have acknowledged that just one breath test alone might be unreliable and that if the test isn't administered properly it might not be valid also. In addition, serious questions have been raised about what effects the outcome of these tests, including: the temperature of your breath, how fast your bodily eliminates alcohol, and whether items in your mouth - such as dentures, blood and or other chemical compounds - have some impact?

If the test is not done properly - if the above-listed concerns are not addressed - then serious questions could arise as to the accurately of the measurement of the alcohol in your system.  A skilled, Twin Cities Drunk Driving Lawyer may be able to persuade a judge to throw out the results.

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There are almost limitless ways to defend against a Minnesota DWI arrest. Granted, there are no guarantees that these defenses will work - everytime. However, if you don’t challenge the government - or assert your DWI defenses - then you shouldn't expect any leniency or that the charges will be dismissed.

Remember, the government has the burden of showing that you're guilty; you don't have to prove anything. Holding them to that duty is your right - and should NEVER be used against you. 

If you have been cited for DWI, as I have told many, many others - "Talk to a Lawyer!" Just because you've been arrested does not mean that you are guilty.  If you rights have been violated - you could see your case dismissed. You'd also be working to ensure that others won't be subject to the same criminal investigatory problems in the future.

The Intoxilyzer 5000: Good Enough is Good Enough?

What do horseshoes, hand grenades and this "machine" all have in common?

Apparently, when your freedoms and rights are on the line --- "close" is good enough. Although I am sure that this will not be the final word on the Intoxilyzer 5000 (and don't get me wrong - Judge Abrahms' ruling was quite thorough and well-reasoned,) the "good enough for government work" ethos that pervades the use of technologies like this - under the guise of serving and protecting you and I - is alive and well here in the Land of 10,000 Lakes.

I say pity the powers that be who seek to perpetrate this fraud upon the citizenry. Especially, when there are proven  methods available to law enforcement (that have been verified as accurate!) to assist them in doing their jobs. I ask you - why must they continue to employ this out-dated blow-toy?

Think about it, is "good enough" good enough when your job, your wallet, your reputation and all to often your future are on the line? The answer is easy: H*ll no! 

But, maybe - in the end - all is not lost. Heck, when you have a judge strongly implying - that this "severely challenged" and "at the edge of ... usefulness" tool might have been used to falsely convict individuals charged with DWI, I think I see the beginnings of a fairly decent Minnesota DWI Attorney's reasonable doubt argument. But, maybe that's just me, always trying to make lemonade out of lemons (and court rulings.) 

Mmm?