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.

Arrests Don't Always Mean Convictions

Although riddled with language and concepts that only a lawyer (and/or his mother) could love, this recent opinion from the Minnesota Court of Appeals demonstrates that when the government falls down on the job (and fails to respect your constitutional rights) then - even though you've been arrested and charged - you should not --- and cannot --- be convicted.   

Remember, just because you've been stopped by the police and arrested --- your case does not end there. You have rights. and if the government failed respect them - ie., operate within the confines of the United State's Constitution - then your case should be dismissed.

Never accept defeat. If you have been arrested, you owe it to yourself to speak to an experienced Minnesota Criminal Defense Attorney about your case.  He or she can analyze the government's tactics and schemes and see if they've done their duty properly. If the police have failed to act in such a manner, you owe it to yourself, and to your fellow citizens, to ensure that they don't get away with it.

As a former prosecutor, I understand that if the government is going to hold others accountable - first, they need to account for themselves. Here, the court said the police went too far. Agree or not with the outcome, reasonable people should respect that the greater good was served in this case.

If you have a second today - thank your forefathers for the foresight to provide us with protections against those who've been sworn to protect us - long live the 4th Amendment!