Convicted of a Minnesota DWI - Denied Entry into Canada?

If an individual is convicted of Minnesota DWI, an experienced Minnesota Drunk Driving, Criminal Defense Attorney can help fill out forms necessary to circumvent the general rule to exclude certain people from entry - click here) to submit to the Canadian government to get a waiver or “pardon” from the ban to entry in Canada.  

If you are not granted a waiver or “pardon” then you may not enter Canada for five-years after the completion of your sentence (not five-years after you were sentenced). That means five-years after you get off probation!  

You will need to bring certified copies of your court papers with you to the border to prove that you have completed all the conditions of your sentence including fines, alcohol classes, probation, etc.  A person barred from Canada because of a c criminal convictions can also apply for a Temporary Resident Permit.  

All of these forms of relief (a pardon, temporary resident permit, etc.) require high application fees and a long waiting period to see if they are approved or not.  

Given the complexity, long waiting periods, and application fees and attorneys fees involved in trying to get relief from a ban on traveling to Canada because of a DWI conviction in Minnesota or elsewhere in the U.S.,the best thing to do is to hire an experienced Minnesota DWI Defense Attorney to help you keep a criminal conviction off of your record and preserve your ability to go to Canada whenever you want.

You probably have a lot of questions --- feel free to The Rolloff Law Office (now!) to discuss your case: (612) 234-1165.

Finding The Right Minnesota Criminal Defense Attorney

One question a lot of defendant's face is: "Should I hire a private lawyer or just go with a public defender?"  Then, they find themselves asking the following: "What's the difference between the two?  What advantage would a private attorney give me over a public defender?"

These are very important questions to ask yourself if you are ever charged with a crime.  Naturally you would want the best representation possible; right?  But, I know you also want to know ... is it worth paying money to an experienced Minnesota Criminal Defense Attorney when a public defender is free?

Public Defender or Private Lawyer?

To begin with, once the public defender's case load is always very large, and he/she likely has a very limited amount of time to give to each case because of the volume of matter he/she has.  

Public defenders work with the prosecutors to resolve each case as quickly as possible.  Because of the huge demand on their time, it is reasonable to conclude that defendants do not always get the best representation or defense for their cases --- ture?  Having had beena  prosecutor myself, before becoming a Minnesota Criminal Defense Attorney, I have personally observed many defendants get upset and frustrated becasue their public defender has no time to return phone calls, refuse to prepare a suppression  motion, do a preliminary hearing, or take their case to trial, because they don't have the time.

A Private Attorney is somone who is hired by a defendant to represent them in court.  Private attorney's have much smaller case loads, thus they have more time to work on a case, interview witnesses, investigate and meet with the client, even return phone calls.

Hiring a private attorney allows you to shop around, get referrals, research which lawyer has experience in criminal law, and which one is a general attorney, knowing a little bit about a lot of different areas.  Most private attorneys will allow you to come into their office for a free initial consultation.  This way, you can find out how experienced the attorney is, his or her feelings about your case, and the fee you would be charged.

The saying "You get what you pay for" is often very true when hiring an attorney.  The more experience, the better the representation and defense.  If you are charged with a crime, give me a call.  You don't want to chance your future with anyone else.

Have more questions about whether you should hire a lawyer? Please feel free to calI the Rolloff Law Office to set-up a FREE CONSULTATION --- call: (612) 234-1165.  

Minnesota DWI Laws - Unfair to Women?

According to a recent study, a man and a woman consuming similar quantities of alcohol can have different Blod Alcohol Content ("BAC") Why? Weel, according to said study women tend to have less water and more fat tissues which leads to lower absorption of alcohol and a higher BACs. Moreover, women’s bodies are smaller; so while one drink for a 120 pound woman can lead to higher BAC, the same drink for a man who weighs more could lead to a normal BAC.

Factors Affecting Women’s BAC

There are many factors which affect a person’s BAC. These include:

•  Weight and Size of the person,
•  Gender,
•  Physical condition,
• The amount and type of food eaten,
• Amount of sleep,
• Types of medication taken
• The alcohol content of the drink.

In the final analysis, the most important factor affecting ones BAC is the size and gender of the person. With the increase in body weight, the BAC also varies. If the body weight is about 90 pounds, then the BAC would be about .05; however, if the body weight is 220 pounds, then the BAC will be about .04.

Women, on average, have a smaller built than men, hence equal doses of alcohol lead to higher BACs in women. Moreover, as women have more body fat which contains lesser water, alcohol does not get easily diluted which leads to higher blood concentration levels in women. Alcohol dehydrogenase, which helps the body expel alcohol from the system, is found less in women which leads to more pure alcohol entering their bloodstream. The hormone levels of women also fluctuate, and alcohol sets in faster when estrogen levels are higher, such as during the premenstrual period.

Irrespective of the offender’s gender, DWI laws are quite strict and the consequences are similar in various states of the US. It is necessary that offenders undergo a series of tests to analyze the amount of alcohol consumed. The testing procedures are same for both men and women.

Reasons for Drunk Driving Among Women


The major reason for higher DWI cases among women is the change in lifestyle and increase in stress which has lead to alcohol abuse. Various drunk driving cases have resulted in fatal accidents as well as severe injuries. Heavy drinking among women can also lead to health problems and health conditions like miscarriages and complications during pregnancy.

Though there are different DWI laws for women, those are as strict as the laws for men and the consequences are just as severe ranging from penalties to license suspension.

Need Legal Help?

It is important to understand your rights when you have been arrested on Drunk Driving charges. Be sure to consult an experienced Minnesota DWI Lawyer if you have any further questions about Minnesota laws or DWI cases. Call the Rolloff Law Office today (612) 234-1165.

Minnesota Expungements (Explained)

In difficult economic times, having a clean criminal record is more important than ever. Someones criminal history may affect their efforts to find employment, rent an apartment, obtain a bank loan, obtain certain licenses, and/or receive government benefits.

Due to changes in technology, information about an individual's criminal history is easily available. These records are no longer necessarily private - stored in some basement filing cabinet.  Rather, they can often be accessed with just a few clicks of one's mouse over the Internet.

What is Expungement?

Expungement is a legal process that permits qualified individuals to have their criminal records sealed or destroyed.  If you have questions about this process - and what you can do to earn an Expungement - your first, best step should be to call an experienced Minnesota Criminal Defense and Expungement Attorney. 

Statutory Criminal Record Expungement in Minnesota

Minnesota law allows individuals to expunge their criminal records in certain, limited circumstances. Essentially there are two types of Minnesota Criminal Expungements: Statutory and Inherent Authority.

Statutory Expungement  

Statutory Expungement is available in very limited circumstances, specifically: (1) When someone has had certain controlled substance offenses dismissed and discharged; (2) for certain juveniles prosecuted as adults; and (3) for certain criminal proceedings not resulting in conviction.  Often, these conditions do not "fit" most individuals circumstances; therefore, there is also the Inherent Authority option.


If you qualify for a Statutory Expungement and want to proceed with the process, you must formally petition the court. If your petition is successful, the court will issue an order sealing the records and prohibiting their disclosure to the public - except in certain limited circumstances. The Expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Expungement

As things currently stand, an "inherent authority of the court" Expungement is probably the least attractive option, but (as set forth above) it is often the only remedy available to most people who pled guilty or were convicted of a criminal offense.

The factors that the court uses to decide this type of Expungement includes, but is not limited to, the severity of the crime, how long ago it occurred, whether you have had any other problems with the law, if you have been rehabilitated, and the reasons for seeking the Expungement. Ultimately the court must weight the individuals need for the relief that an Expungement affords versus society's need to maintain accurate records of criminal convictions.

What Can You Do?

The best way to ensure that you are eligible for an Eexpungement is before you plead guilty to a crime. The cornerstone of my practice is the work I do to resolve cases so that my clients are eligible to clear your record in the future.

If you have been charged with a crime and want to obtain a result that will allow for the possibility of future Expungement, or have a previously resolved case and are interested in an Expungement, you need an experienced legal advocate to fight for your rights. To learn more, contact the Rolloff Law Office, today, at (612) 234-1165.

Minnesota DWI and Criminal Attorney Fees (Explained)

Whether or not you've dealt with an experienced Minnesota Criminal Defense or DWI Attorney before, you probably assume one thing - it's going to be expensive. And, if you're like me or like most people, you want to get the best lawyer possible for the lowest amount of money, right?

Although I agree that price is a valid factor to consider, you also need to acknowledge this: the Minnesota DWI Attorney that you decide to hire is going to be trusted with a lot of responsibility. He will be holding your life - and your future - in his hands.

If he fails to do the work, put forth the effort or pick up the phone when you call - it's not him that will pay the price.  Rather, you (and you alone) will be the one who could end up in jail, paying huge fines and losing everything that is important to you.

In the end, you need to ask yourself this: What is my freedom, my hard earned money, and my reputation worth to me?

With So Much at Stake, Do You Really Want the Cheapest Option?

Some people can be scared off by the fees I charge.  Now, I'll guarantee you I'm not most expensive Minnesota Criminal Defense Attorney out there, but I'm also probably not the cheapest either.  I charge what I charge because I provide more value than the attorneys out there selling you on price. What I offer is, unlike other Minnesota DWI attorneys, great legal services that earn my clients the results that they desire.  I can also assure you that at the end of the day I'm doing everything I can to protect you, your rights and your future. 

Do This Now

If you think you need a Minnesota Criminal Defense Attorney to help you - odds are you really do need one.  Hey, I'm ready to help. I offer FREE CONSULTATIONS and am ready to help you now.  Call the Rolloff Law Office today at (612) 619-234-1165 to find out how.

MN DWI - Alcohol Monitoring (Explained)

If you have been cited for a first or second-degree Minnesota DWI, you could find yourself subjected to alcohol-sensative monitoring time - even before you're ever found guilty and sentenced for a crime.  Upon arrest for certain Drunk Driving offenses, individuals face pre-trial conditions - often those include electronic home monitoring of possible alcohol consumption.

Often, as a condition of almost any DWI arrest, is abstaining from alcohol.  As the nature of those offenses becomes more serious - ie., that either the alcohol in your system at the time of the arrest was high and/or you have a history of being arrested for alcohol-related driving offenses - you could also be subjected to monitoring whereby you are constantly assessed to see whether you're in compliance with said condition. 

In the State of Minnesota, such monitoring is often invoked for people who fall into one of the following categories:

• A third alcohol related driving offense within the past ten years;
• A second such violation, if under 19 years old;
• A violation that occurred when one's license was already cancelled as inimical to public safety for a prior violation; or
• A violation involving an alcohol concentration of (.20) or more.

In addition to pre-trial monitoring, there can also be a post-sentencing condition imposed upon you as well.  According to state lawmakers, most third-time DWI offenders (and all DWI offenders under the age of 19) must submit to such "testing" for a for a period time while on probation - after they've been punished. 

What Can You Do?

Ask yourself this question: Are you ready to be monitored? It may not be up to you. But you can get the support, knowledgeable and experience of Minnesota DWI Attorney to help you and to ensure that your rights are protected and that the consequences imposed upon you are the best deal possible.

Call the Rolloff Law Office today to set up a free consultation.  Let me put my experience as a former prosecutor to work for you.  I'll use what the government taught me to your advantage.  Call today - (612) 234-1165.

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.