Hiring a Minnesota Criminal Defense Attorney - Part II (Explained)

If you believe you need an experienced Minnesota Criminal Defense Attorney to help you or your loved one, be smart about your decision. After reading this ... you may also want to consider the following:

Trust Your Gut

If you aren't comfortable with the Minnesota Criminal Defense Lawyer that you've consulted with try a different office. Believe it or not: you do not have any obligation to hire a lawyer merely because you met with him or her. If your lawyer is promising you that your case is easy, or makes promises that you won't go to jail, speak to other lawyers before signing a retainer agreement - some lawyers misrepresent the gravity of the situation or the complexity of a case ... in order to entice someone into paying a huge fee, and then blame the judge or prosecutor when the promises they made don't come true.

Pay Lawyer or Public Defender?

People who are charged with serious, felony offenses, and many individuals who are charged with certain misdemeanors, may be eligible for a free lawyer - ie.,, the public defender.  This is based on an assessment of the defendant's resources to determine if the he/she will qualify for an appointment of a free lawyer. 

Some people assume that a court appointed criminal defense lawyer will offer services which are inferior to a privately retained lawyer --- this isn't always true.  Sure, some public defenders will prove to be insufficiently skilled or dedicated to their work to provide an effective defense --- but, you could find some private attorneys who are equally flawed.

One main difference ... "customer-service."  A private attorney is likely to have more time to involve themselves in your case --- able to answer your questions at any time/anywhere.

If you can hire an effective Minnesota Criminal Defense Lawyer you should not hesitate to do so. Not all lawyers are the same ... and prices vary widely.  Call the Rolloff Law Office to see if we might be able to help you: (612) 234-1165. 

Minnesota DWI - Prescription Drugs & Cold Medicine (Explained)

Many of you have probably have heard of Drunk Driving, DUI and/or the phrase "driving under the influence," but  do you know exactly what that means?

Some might say it just means driving under the influence of alcohol or illegal drugs like marijuana. That's correct - but, what many people fail to realize is that it also means that a person can be charged with a Minnesota DUI when he or she drives a motor vehicle under the influence of legal substances - like drugs prescribed by a doctor and even cold medicine.

In the State of Minnesota, it's true that people will face DUI charges if they have a blood alcohol concentration (BAC) of (.08) or more. But it's also true that a driver can be charged with a Minnesota DUI even if they haven't even been drinking at all.

Believe it or not, the police can pull over and cite drivers for driving under the influence of any substance - legal or otherwise - if they find, for example, that that substance has influenced their ability to drive. 

What Should You Do?

If you or someone you care about has been arrested for a Minnesota DUI, you'll need someone who knows how to contest these charges.  I'm an experienced Minnesota Criminal Defense Attorney.  Call me today to set up a no-cost consultation to discuss what the Rolloff Law Office can do to protect your rights - and your future.

Why Should You Fight Your DWI Arrest?

If my experience as a prosecutor and as a Minnesota DWI Attorney has taught me anything it's that well-meaning individuals fail to fully appreciate the nature and consequences of becoming entangled in the criminal justice system. Nowhere is this more evident than with those charged with a (first) DWI.

For whatever reason, too many people will either try to represent themselves and/or hire a general practitioner-type attroney.  IMHO, neither have the knowledge or experience to provide their clients with the advice that they'll need to best serve their interests - in the short and long term. 

Believe me, and I've seen it often enough to know, a Drunk Driving conviction can change somone's whole life - not only in due to the penalties imposed by the judge like large fines, community service obligations and possible jail time - but also because of the long-term collateral consequences that can have a lasting and signifigant impact on one's future.

What Sort of Long Term Impacts?

One example of the severity of Minnesota's DWI penalties, can be illustrated by a gentleman I'll call Paul - a successful salesman.

In the fall of 2007, Paul was cited for Drunk Driving. Not believeing that anything could really be done about his arrest (because he'd been drinking before he drove,) he walked into court without an attorney and "fell on his sword" - pleading guilty without first fully assessing the true nature and consequences of his actions.

To say that he came to regret this decision would be an understatement.  See, due to the nature of Paul's work - having a valid driver's license was a necessary prerequisite.

Paul's loss of his driver's license effected his ability to meet clients. As such, he had to either beg, cajole or hire other people to drive him to client meeting or risk being caught driving on a suspended license. 

Then there was the stigma of his arrest and conviction.  Once word got around about that, some of his clients became reluctant to deal with him and his sales numbers suffered.  Then, when the recession hit Paul was laid off - owning in no small part to his declining sales numbers and performance.

As anyone who has been out of work can appreciate, it’s tough out there - to find that next job or even get that first interview.  What Paul learned sas that these difficulties were made worse by his dependence on others to give him rides to interviews. (This continued even after Paul had his driving privledges re-instated because he could not afford the expensive insurance premiums he was now being asked to pay.)

If Paul was lucky enough to gain an interview - where he could demonstrate his skills and past successes - he often left those meetings feeling as though he would be offered the job.  However, that wasn't the case. After a while, Paul came to conclude that maybe his DWI arrest was the deciding factor - after he came to learn that anyone (including a potential employer) could easily access Minnesota criminal records online.

Of course, without a job Paul was unable to keep up with his bills - first being forced to sell his vehicle and soon thereafter his townhouse.  As the recession continued, he ran up of credit cards, and due to his mounting debt he was forced to sell anything of value

The vicious cycle continued until he was forced to declare bankruptcy in late 2009 and later eventually divorce in 2010.  He fell in to depression and substance abuse. 

Once a symbol of the American Dream, Paul is now a casualty of the war on Drunk Drivers.

What Can You Do?

No matter the infraction, if you want to ensure that your rights and freedoms are upheld and fought for - against the big, bad government - you need to seriously consider getting an experienced Minnesota Criminal Defense Attorney to take your case. Granted they can't always work miracles and just have the charges go away, but they can take the sting out of the penalty that the government's seeking to have you suffer.

I've been successful in getting fines reduce, jail time thrown out and license revocations shortened or withdrawn in their entirety. If you want someone on your side, let me use what I learned as a former prosecutor to win you the results you desire. Call the Rolloff Law Office today to schedule a free, no-obligation consultation, today.

Ask a Minnesota Criminal DWI Attorney

As an experienced Minnesota Criminal Defense Attorney, I get questions; lots and lots of questions.  Here are just a few I've received recently - on the topic of Drunk Driving.  Hopefully some of the suggestions listed here will assist you in understanding what the heck is going on the next time you have contact with the cops.

What should I say if I'm stopped by a police officer and he asks me if I've been drinking?
Believe it or not, you are not required to answer potentially incriminating questions.  Politely asserting that you'd like to speak with a lawyer before answering any questions (save for those about who you are) is all you have to say.

What are Field Sobriety Tests and do I have to take them?
Someone who is being investigated, by an officer, as a possible drunk driver - does not have to submit to any Field Sobriety Tests.  Generally speaking, taking these roadside tests (ie., the Walk and Turn, the One-Leg Stand and the Horizontal Gaze Nystagmus) often does more harm than good to your case because the officer isn't looking for reasons to let you go.  Rather he is most likely looking for things that confirm his suspicions. That being said, if you refuse to take these tests you will most likely be arrested.

Do I have a right to an attorney before deciding whether to take a blood, breath or urine test?
You have an absolute right to speak with an attorney before submitting to any chemical testing - so long as your request to do so does not unreasonably delay the testing process.

Which test should I take - blood, breath or urine?
If a breath test is offered - you must take it. However, if blood or urine tests are proposed then a choice of tests must be made available.


Why was I charged with two DWIs?  
Minnesota has five different offenses that fall within the generic term drunk driving: (i.) Driving while under the influence of alcohol; (ii.) Driving under the influence of alcohol with a test result of .08 or more; (iii.) Driving under the influence of alcohol with a test result of .20 or more; (iv.) Driving while under the influence of controlled dangerous substances; and (v.) Test refusal.  More often then not, when someone is arrested for DWI, they are almost always automatically charge under the simple "under the influence"count - along with the appropriate charge dealing with the amount of alcohol in his or her system.

What is the punishment for drunk driving?
More often than not, if your found guilty of a first-time DWI offense you will probably be assessed a fine, your driver's license will be revoked, be required to attend an alcohol awareness class, and you will be placed on probation. A short jail sentence may or may not be required - usually that is in cases of a second or third-time offense. Other consequences might include, community work service, a chemical dependency evaluation, attending AA meetings, and a MADD victim impact panel presentation.

What should I do?
If you're looking for an experienced Minnesota Criminal Defense Attorney who will represent your best interests throughout the process, call the Rolloff Law Office today to set up a free, no obligation, consultation, by dialing (612) 234-1165.

Minnesota Speeding Tickets - 100 MPH or More (Explained)

As we're all too well aware - there's winter and then there's a Minnesota winter. Well, in Minnesota there's Speeding - and then there's Speeding (in excess of 100 m.p.h.) 

During the month of July, law enforcement in the State of Minnesota issued over 70 tickets to drivers traveling at speeds greater than 90 m.p.h.  Believe it or not, twenty-one of those individuals topped the triple-digit mark - 100 m.p.h.

Tickets (Explained)

The average cost of a speeding ticket in Minnesota is about $120 (including all fees and surcharges) for those clocked going about 10 miles an hour over the limit. Motorists stopped at 20 m.p.h. over the limit face about double the fine. But, when clocked at speeds that start approaching triple digits --- the penalties handed out by judges can include fines of up to $1,000 and a 90 day jail sentence.  In addition to that, those driver's ticketed traveling more than 100 m.p.h. can lose their driver's licenses for six months.  See Minn.Stat § 169.14 (link)

What Should You Do?

No matter the infraction, if you want to ensure that your rights and freedoms are upheld and fought for - against the big, bad government - you need to seriously consider getting an experienced Minnesota Criminal Defense Attorney to take your case. Granted they can't always work miracles and just have the charges go away, but they can take the sting out of the penalty that the government's seeking to have you suffer. 
I've been successful in getting fines reduce, jail time thrown out and license revocations shortened or withdrawn in their entirety. If you want someone on your side, let me use what I learned as a former prosecutor to win you the results you desire. Call today to schedule a free, no-obligation 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.

DWI Tests - Does Anyone Pass?

The standardized field sobriety tests ("FSTs") - commonly used by police officers during their Drunk Driving investigations to determine whether a driver is under the influence of alcohol - are not meant to be passed.  Rather, more often than not, these "tests" are employed to confirm a suspicion the officer has already developed. Therefore, because you can can only "fail" these tests - my suggestion is don't take them.

What are FSTs?

Typically, they consist of 3 or 4 different exercises, such as the Walk-and Turn test, the One-Leg Stand test, Horizontal Gaze Nystagmus testing (ie., the follow the pencil with your eyes examination) and the alphabet recitation exercise.

In the end, no matter your feelings on how well you did on the tests, the officer's subjective opinion as to whether you "passed" or "failed" is all that really matters.

The FSTs Don't Prove Anything

These tests, which have been around for sometime, have unfortunately gained a certain aura of credibility with judges and juries; however, believe it or not they have no real basis in science for determining intoxication and as such I believe their useless.

As any police officer worth his salt will tell you, the decision to arrest someone is made at the driver’s window - not after these tests have been performed.  If that's the case, then why are drivers asked to perform these "test"? Generally speaking , you're asked to do these roadside gymnastics so that additional evidence can be gathered against you. 

Think of it, since the officer has already made up his mind to arrest you - is he going to be looking for things you do that change that opinion - or validate it?  Considering that these tests you are asked to be perform are often done under extremely stressfull situations, in less than ideal circumstances and weather - you have a recipe for disaster.

What Should You Do?

Contact the Rolloff Law Office today at (612) 234-1165 for your free, no obligation consultation. You need an aggressive Minnesota Criminal Defense Attorney on your side; someone who will listen to you and ensure that you get the best outcome for your particular case. Therefore, don’t hesitate - make sure you have the right representation by your side immediately.  

One Minnesota DWI = Two Charges?

An all too common question I get as a Minnesota DWI Attorney is: "I was arrested for Drunk Driving, but I'm charged with breaking two different laws; why?"

In the State of Minnesota, when someone is arrested and charged with a DWI - the accusation is that that individual failed to operate his or her vehicle in the same, careful manner that a sober person would - under the same circumstances. 

In addition to that, bowing to pressure from the federal government - related to the dolling out of highway monies - states like Minnesota adopted per se Drunk Driving laws. These laws established a "legal limit" - as it regards the amount of alcohol you can legally have in your blood - before your driving becomes illegal.  In Minnesota, the limit was once (.10) --- now it is (.08). 

Therefore, if someone is found to have been operating and/or in physical control of a motor vehicle at a time in which the alcohol in his/her system was (.08) or higher - as established by a test of their blood, breath, or urine - they can be charged with a DWI.  Even if the person doesn't exhibit any of the typical signs of Drunk Driving, and is able to drive just fine, they can be charged with a DWI based only on their body's chemistry.

Generally, the government will usually charge both crimes: the traditional DWI (see Minn Stat § 169A.20,  subd. 1) where they accuse someone of being unable to drive with the same caution as a sober individual and the per se violation (see Minn Stat § 169A.20 subd. 5) for being above the legal limit.

In the end, a conviction on one charge is the same as a conviction on the other. Essentially, it's just two ways of charging the same crime and it just gives the government two bites at the same apple.

The good news (if you can call it that) is if someone is convicted of both Drunk Driving and being above the legal limit, they are only punished once.

If you have been arrested for Drunk Driving, your next best move is to contact an experienced Minnesota DWI Attorney for a free consultation to learn your rights.

Top 5 - There Are No Stupid Questions?

You'd think I'd heard them all, but everyday (and in almost every way) i get questions - lots and lots of legal questions.  Here are my (current) Top 5 favorites - The Traffic Edition.

-1-

Q: Can I get a DWI while riding a horse?
A: No.  The same goes for a bicycle too.  Why? Because neither has a motor.

-2- 

Q: Can I get a DWI, even if I am on private property?     
 A: Yes. Minnesota's DWI laws apply everywhere - on land, on the water and on ice.

-3- 

Q: Is the speed listed on the yellow and black signs near curves enforceable?  
A: Sort of. Although traveling at a speed greater than those posted on said signs is not per se illegal, there is a provision in the statute that says that "[n]o person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions." as such - almost any speed, under the right (or better yet - wrong) conditions could be found to be illegal.

-4-

Q: Can I drive barefoot?
A: Yes, but it’s probably not a good idea in middle of winter.

-5-

Q: If I run a yellow light, will I get a ticket?
A: Maybe? You might get a ticket - but the conduct is NOT illegal.  As a matter of fact, as long as your front bumper is actually in the intersection when the light turns red, you've done nothing wrong.

-Bonus Question!-

Q: If I get a ticket, what should I do?
A: Don't just plead guilty. Remember, it is the government's job to prove - beyond a reasonable doubt - that what you've been alleged to have done is in fact illegal. Hold them to their duty.  Talk to an experienced Minnesota Criminal Defense Attorney today and learn you're rights. Them get the results you desire.

BWI - Boating While Intoxicated (Explained)

The calender now reads SUMMER - even if the weather does not concur - and in Minnesota that means one thing --- hitting the lakes. As you do so in your boat or personal water craft - so is the government.

Yes, as part of a national effort to crack down on alcohol and drug related accidents and fatalities on the water, the Minnesota Department of Natural Resources is engaging in something called Operation Dry Water (you have got to love these names - right?) looking for impaired boat captains.  If you're planning on dropping anchor this weekend, here are a few things you might want to keep in mind if your boating fun also includes a few adult beverages.

The Basics

Just like with driving a motor vehicle, in the State of Minnesota, it is illegal to operate a boat or personal watercraft with a blood alcohol concentration greater than (.08) percent.  Those in excess of the legal limit may be charged with BWI (Boating While Intoxicated).

Just like with Drunk Driving, a first time BWI charge is usually classified as a Misdemeanor - which could result in the imposition of a $1,000 fine and a jail sentence of up to 90 days.  You could also see your boating privileges suspended for up to 90 days.  In addition, the enhancement factors - which could raise a 1st time offense to a more serious criminal classification - are also applied in BWI case.  Therefore, if your piloting your boat with a blood alcohol concentration of (.20) percent or more, have a prior conviction for DWI (or BWI) or a were convicted of failing to submit a sample of your blood, breath or urine for testing in the 10 years prior to the new charge, and/or there's a passenger under the age 16 on board at the time of the offense - you could be looking at a Gross Misdemeanor of Felony level charge. 

Different than a DWI?

As much as they might be the same, BWI laws also differ from the Drunk Driving laws in a number of ways too.  One of the most important is that an officer - who usually needs to assert a reasonably articulable suspicion to legally stop your vehicle - doesn't always need such a well defined reason to board your boat. More often than not, the police can come aboard for safety or security reasons. Then, if the officer notes the smell of alcohol or sees evidence of drinking, he can begin an investigation.   

Another significant difference in BWI prosecution is the impact that the sun can have on the boater's body - especially when alcohol is involved.  As opposed to when you're drinking a beer in a bar - when your body is processing alcohol in a way you're familiar with - because alcohol works to dehydrate you (as does a day in the sun) it is often easy to underestimate the effect that alcohol is having on you. This often leads to greater consumption - especially if it's a cold beer on a hot day - which can result in a higher alcohol concentration in your system.

What Should You Do?

If you're a regular follower of this blog, you'll note some of the suggestions I've made when having contact with the police- in the context of a Drunk Driving stops.  A lot of those same warnings should be heeded by you when having contact with an officer while out on the lake - and your being suspected of BWI.

If you've been arrested, your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights, to fight for you in court and to protect your future.

Shoplifting - Explained

Retail theft, or as it is commonly called Shoplifting, is a serious criminal charge. Although the penalties may vary, based on the value of the item allegedly taken, the long term consequences (beyond the sentence imposed by the court) can be detrimental to you, to your family and to your future.

Should You Hire an Attorney?

This is a question I get more times than I can count. Let me put it to you this way - if you even think that you might need an attorney - you need an attorney.

Sure, on its face, a Shoplifting charge may seem like a small matter.  However, there is more to it that meets the eye; because, although you may just get a slap on the wrist from the judge - know this --- any conviction for Theft can remain on your criminal record - forever.

What this means is that "small matter" isn't really so small - right?  Envision looking for a job, applying for a scholarship, renting an apartment or any other situation someone might do a simple background check on you - does it seem so "small" now?  And heaven forbid, you should face a similar-type accusation in the future.  Seriously, if that does turn out to be the case, not only is your creditability brought into question - because who is going to listen to a person with a prior Theft conviction - you could also be risking some serious jail time.

So, back to the question of whether you should have an experienced Minnesota Criminal Defense Attorney on your side, fighting for you if you're charged with Shoplifting?  The answer is simple - right?

Can a Shoplifting Charge Be Beat?

As a former prosecutor, I've seen these cases from the inside.  I appreciate how hard it is for the government to prove that an individual is guilty, beyond a reasonable doubt. And, those circumstances can be exploited - to your advantage.

Although the specifics of a good defense depend on the facts of your case, generally speaking, there are any number of different defense strategies one can employ against these charges. For example, a motion can be brought to have the case dismissed for a lack of evidence or to have certain evidence dismissed because your constitutional rights were violated.  Also, a thorough examination can be done of the evidence gathered against you, and the individuals making those who collected that evidence and/or made accusations asserting that you in fact stole. 

On the odd chance that the facts aren't necessarily on our side, the challenge does not end there.  I have negotiated many settlement agreements and I've been successful in getting the charges and/or the fines reduced. 

An attorney can look out for your best interests, he can argue for leniency and he can make sure that a minor mistake doesn't have to follow you around for the rest of your life.

What Should You do?

As with any case, an experienced Minnesota Criminal Defense Attorney is your best ally.  He or she can fight to preserve your right and your future.  He can pour through the government's evidence and help develop the best defense strategy possible.  He can also be you voice when working out a deal with the government - if it comes to that. 

DWI - Implied Consent Hearings (Explained)

The State of Minnesota - like most states - presumes that any person who drives, operates, or is in physical control of any type of motor vehicle anywhere in the state consents to a test of his or her breath, blood, or urine (for the purpose of determining alcohol and/or the presence of controlled or hazardous substances - and their levels) in their body.

Minnesota's Implied Consent law permits the revocation of your driver's license - if you refuse to be tested or if the results of the test disclose the presence of a controlled substance (other than marijuana) or an alcohol concentration of .08 or more. (BE AWARE: One thing most people I speak to fail to understand that the license revocation process is completely separate from any related criminal prosecution they face.)

How to Fight a Revocation

In order to challenge the legality of this license revocation, you must file a petition for review by a judge within 30 days of the date of the notice of revocation. Failure to stick to this time line - forever waives your right to challenge it and ensures that this alcohol-related driving violation will remain on your driving record forever, regardless of the outcome of any related criminal prosecution.


Upon filing of the petition, the law entitles you to a hearing before a judge within 60 days. At that hearing, the Commissioner of Public Safety, who is represented by the Minnesota Attorney General's Office, will put forth any evidence it has  as to why it is seeking the revocation.

The issues generally contested include: examining whether the test you took was accurate and/or reliable, the legality of the stop of your vehicle, the basis for your arrest, whether you were sufficiently advised as to the rights and obligations you had - pursuant to the Implied Consent law, whether you someone actually refused to submit to testing and whether your rights to consult with a lawyer - prior to taking a test - where exercised.

Results

If the judge finds in your favor - and against the commissioner - your driver's license will be reinstated. If the judge sustains the revocation, you can appeal that order to a higher court. 

Do I Need an Attorney to Fight my Revocation

Although I have expressed my opinion on this issue, time and time again, if you consult the back of the Notice and Order of Revocation form issued you - either at the time of the test (if it is a breath test) or later by way of the mail (if your blood or urine were examined) - there is some information about the procedures available for challenging the license revocation. Although the information is accurate, I would suggest that it does not provide enough detail to enable the average person to do the job him or herself.

As such, while it is not required that a person use an experienced Minnesota DWI Attorney to handle an Implied Consent case - the technical requirements and the legal issues are fairly complex.

At a minimum, even if you decide to go it alone, if you're considering challenging your revocation - you should consult with a lawyer regarding the specifics of his case. If you have a good case, you may want to seriously consider seeking out the services of the attorney to handle the paperwork and represent you.

In the end, the more information you get - the better. Remember, just because you've been arrested - it does not mean that you'll be convicted. 

Top 5 Things to Consider When Choosing a Minnesota DWI Lawyer.

You may argue that only a Minnesota DWI Attorney could love the proverb that intones - the individual who serves as his or her own lawyer has a fool for a client.  But, having logged as much time in the court room as I have - next to death, taxes and the Vikings not winning the Super Bowl - there really is no other certainty more certain than that. If you go into court without an attorney - you're probably going to end up make a fool out of yourself. 

Granted, you do have the right to "go it alone" - that's guaranteed by the Constitution. However, for those of you who can appreciate the precariousness of that course of action - yet, still have some trepidation or fear of putting your fate into the hands of someone else - I have a couple of suggestions that you may want to consider when looking for a Minnesota DWI Attorney. 

Here are 5 things to consider:

First, hire a Criminal Defense Attorney who concentrates his or her practice in the area of DWI & Drunk Driving defense. All too often, people see the word "Attorney" and believe that that person knows everything under the legal sun.  All too often, this is not the case, just like a foot doctor is not going to help you with an eye problem and vice-versa.

For me, this truth is often revealed at family get togethers where cousins I haven't seen since the Carter Administration pick my brain on issues related to their divorces and long lost uncles who want to know if I can help them sue Arbys because they slipped on some Horsey Sauce and hurt their backs.  Frankly, I have to admit - even if I did want to help them - I couldn't do so effectively because I don't specialize in Family Law or Personal Injury Law. Sure, I have some basic idea about what they're asking for --- but to have their needs fully serviced, the best I can (and should do) is recommend someone who practices in those areas on a regular basis.

Therefore, when seeking out your Minnesota DWI/Drunk Driving Attorney - start with someone who actually defends people charged with DWIs.

Second, think about what qualities in an attorney are most important to you. Ask yourself this, do you want a Twin Cities DWI Attorney who is young, less expensive, and who is willing to make up for a lack of experience through hard work? Or, do you want someone who is well-established, with a long list of credits and credentials? Do you want someone to be available to you - to answer your questions when you want them answered? Or, do you want someone who has been on the other side of these cases - say a former prosecutor - who knows the government's schemes and motivations?

In my opinion, most - if not all - Minnesota Drunk Driving Lawyers pretty much know the same stuff; however, all too often the best of the bunch are also the busiest - and they also tend to charge the most. Plus, nowhere to my knowledge has it been shown that the more you pay a lawyer, the better the representation you'll get.

I got into this business because I saw that far too many people were either going it alone because they were deemed too "rich" to qualify for a public defender --- and/or --- they weren't getting their monies worth when it came to retaining an attorney. Trust me, you can get competent, experienced legal representation - at a price that won't break the bank.  Don't be fooled by fancy websites, cute ads or by price alone.  When your out to hire an attorney, you have to be sure that he or she understands that you're the boss and that what you want to see happen with your case is what they are actuaually fighting for. Meet him or her and decide if you have confidence in that person and their skills - and that you feel comfortable with their analysis of your case.

Third, choose a lawyer that can clearly explain your situation and your legal rights. Any lawyer worth his or her title should be able to simply and clearly explain the criminal charges against you, your legal rights, what the government has to prove in order for you to be found guilty. He or she should also be able to explain the possible consequences you could face - and not just the criminal penalties. Your attorney should also be able to explain any collateral consequences you could face - like the loss of your driver's license, vehicle, etc.

In my experience - directness and honesty are the best policies. I've been on both sides of these case - as a prosecutor working for the government and now defending clients.  I have seen it all - and although no two cases are ever the same - I am aware of what can and will happen if you're convicted. 

Fourth, discuss fees - and don't be discouraged to bargain. Like the boss that you are - know this - you have a right to ask how much a Minnesota DWI Attorney will charge you before deciding to hire him or her. Some lawyers charge a flat fee - but then tack on additional costs if you choose to exercise your right to go to trial.  I never do that. After taking the time to look at your case, at the initial consultation, I will quote you a price that covers any and all services - that you desire.  If you can't get someone to lock in a price, from the get go --- detailing what that does and does not cover --- then I would suggest looking else where. Additionally, believe me when I tell you --- all prices are negotiable.

Fifth, believe it or not - and it pains me to have to admit this... but it's true - there are some Minnesota DWI cases that just can’t be won (if "winning" is defined as - either being found "not guilty" at trial and/or having the charges against you dismissed.) Now, as we've all become a little more aware of over the past couple of weeks... "Winning!" - as Charlie Sheen has been fond of pointing out - does come in many different varieties. And, although you may not have your case dismissed, an experienced Minnesota DWI Attorney can help you to "win" the best possible outcome with the government and before the judge. 

In the end, be smart when you choose your lawyer. Don’t be talked into paying a $4,000 retainer, when your chances to prevail are low to begin with. There are many very qualified lawyers in Minnesota who will represent DWI defendants for an affordable fee.

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A conviction for DWI will have longstanding consequences - both for you, your wallet, your family and your future. If you have been charged with Drunk Driving and/or a DWI, it is important that you consider engaging a lawyer as soon as possible. That decision often can (and will) have a serious influence on the outcome of your case. Engaging the right Minnesota DWI Lawyer may prove to be a difficult task. Hopefully you will take into consideration some of the information posted here when making up your mind.