Arrested For Minnesota DWI Over the Holidays? (What To Do Next.)

If you were one of the many who hit Minnesota's highways and by-ways this past weekend, you probably noticed the increased police presence as part of the government’s Drunk Driving enforcement efforts.

Unlike other times of the year, these sorts of concentrated efforts to ensure safety have certain side-effects - such as that police officers are in the mindset to make arrests and thus make a high number of false arrests.

False Drunk Driving Arrests in Minnesota


The Minnesota DWI Attorneys at the Rolloff Law Office have fought many Drunk Driving cases and demonstrated that bad equipment, improper lab work and under-trained/over-worked police officers are all common causes for these problematic arrests.

As a former prosecutor, I know a good case from a problematic one.  With  my "inside knowledge of the government's mind-set and schemes, I offer a rigorous and thorough defense to protect the rights of my clients to get them the best possible results.

The Next Best Step

If you are one of the many people who were charged with a Minnesota DWI over the holiday weekend act now by calling (612) 234-1165.

You are entitled to a free detailed consultation - call today and I will explain the charges against you, review the evidence and help you chart out a course of action.

The Rolloff Law Office has the knowledge, experience and dedication to fight your case to the finish.

Minnesota DWI Questions - Answered

With the upcoming holidays, they'll be the opportunity to eat, drink and be merry.  If you do a little too much of either, you could subject yourself to the possibility of a ticket or legal charges.  Before you get your "ho-ho-ho" on, here are some things that you might want to keep in mind.  These are some of the frequently asked questions I get, as a Minnesota Criminal Defense Attorney.

1. Will I be able to get my case dismissed because I was not read my rights?
   Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.
2. Will I go to jail?
   An experienced Minnesota DWI Attorney may be able to keep you out.
3. I had three alcohol related driving offenses within the past ten-years, what's going to happen to me?  The "look back" period in the State of Minnesota is 10 years.  If you've been found guilty of DWI and/or loss your driver's license as the result of a drunk driving arrest (within the past 10 years) each of those old arrest can be used to enhance the new charge you're facing.  If this is your 4th such incident in the past 10 years - you're no looking at the possibility of being charged with a Felony.
4. Am I a bad person, because I was arrested for a MN DWI?
   No, but you are well advised to never, never smell like alcohol while behind the wheel. You do not need to feel humiliated.
5. What if I burped within twenty minutes of blowing?
   The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem occurs with dentures.

What Should You Do?
My approach to handling my client's cases is informed by my previous experience prosecuting cases for the government.  That inside knowledge, of the government's schemes and motivations, has helped me win my clients the results they want --- not just what the State is willing to offer.  

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer. Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.

Minnesota Property Seizures (Explained)

In addition to your freedom, your participation (true or not) in a crime could also result in the loss of your property. Investigations by the government can result in the forfeiture of your property, even if you are never charged with a committing crime.

According to the laws of the State of Minnesota, your property can be seized if:

• the seizure is incident to a lawful arrest or a lawful search;
• the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter; or
• the agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the property and that: the property was used or is intended to be used in commission of a felony; or
• the property is dangerous to health or safety.

What This Means to You

Well, if you're driving your vehicle and are stopped for a felony-level Drunk Driving offense or a drug charge, law enforcement can seize it.  If the government believes that you are selling drugs, they can take any cash they find if they believe it is intended to be used in the commission of a said crime. Almost any property that the cops believe is part of a crime, they can (and often will) take and keep it.

Common Items Seized

• Cash
• Weapons
• Cars or trucks
• Computers

In addition to this list, the government can order other items seized and forfeited; sometimes up to and including your home. Again --- anyhing they believe was used in the commission of a felony can be seized.

How Does This Happen?

The procedure the government use is quite simple and can occur without a heck of a lot of justification.  Rather, the burned in often up to the person whose property was seized to challenge the the taking. Worse, any decision on the property the government seized may be delayed months or years while any possible criminal case is pending.

What Should You Do?

What can you do? First, you must act within a very short period of time – often as little as two months – to work to get your property back. Then you have to take the case to court and challenge the government over what they took from you. Having an experienced Minnesota Criminal Defense Attorney help you through this process can make it much easier, and make it more likely that you will recover the things that were taken from you. If you've had property seized, call the Rolloff Law Office today and see what they can do to help you recover it.. Call today - (612) 234-1165 -  to schedule a free consultation.

Minnesota DWIs and Forfeiture (Explained)

Under certain Minnesota laws, specifically those concerning Drunk Driving and DWIs,  the vehicle being driven by certain offenders may be subject to forfeiture and sale. Typically this occurs when someone has been arrested for his or her third DWI within a ten-year period.  This same result can also occur on a person's 1st or 2nd such arrest - if certain factors are present.

This is a quite complicated area of DWI law and as such you should consult with an experienced Minnesota Criminal Defense Attorney to ensure that your rights (and vehicle) are protected.

Generally speaking, vehicles operated by a drunk driver are subject to forfeiture in Minnesota if:

(i.) The vehicle was used in the commission of a designated offense and the driver was convicted of that offense or failed to appear at trial; or
(ii.) The driver had an alcohol concentration of .20 or more; or
(iii.) The vehicle was used in conduct resulting in license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner or the revocation is sustained upon review.

The forfeiture only applies to the vehicle being driven - a second, third, fourth, etc. car or truck owned by the same individual, but not driven while intoxicated, are not subject to forfeiture.  Additionally, certain vehicle owners are protected if they unknowingly allow a drunk driver to use their vehicle.

What Happens to the Vehicle?

After the forfeiture process is compete, law enforcement may keep the vehicle for its own, official use.  They might also seek to sell it at acution.

What Should You Do?

If you have been charged with drunk driving in Minnesota and your vehicle may be subject to forfeiture, contact the Rolloff Law Office for information about your legal rights and recovery of your property.  Call today - (612) 234-1165 for a free, no obligation, consultation.