Dakota County DWI Questions

As a Minnesota Criminal Defense Attorney I get a lot of questions ... lots and lots of questions.  Here are some answers to the most frequently asked about Drunk Driving arrests.

What is BAC? 

Your BAC ... or blood alcohol content ... determines whether the government charges you with a DUI ... and at what level. In Minnesota, the BAC limit is (.08). If your BAC is (.08) or higher, police may arrest you for driving under the influence, or DUI. You may also lose your license.

What is an ignition interlock device? 

Ignition interlock is a device is used to monitor the behaviors of convicted drunk drivers --- attached to your vehicle. It requires the driver to provide frequent breath samples in order for the engine to start --- and for the vehicle to continue to operate.  According to state law, drivers whose licenses are canceled and whose privileges are denied as “inimical to public safety” are required to enroll in the Minnesota Ignition Interlock Device program in order to have their driving privileges reinstated.  Having this device in your vehicle can also help you to get back on the road sooner ... not having to have to wait-out the license revocation period.

Will I go to jail for my first DWI? 

Safe answer: It depends.  However, based on the facts of your case, you can avoid that shame.  A lawyer can help you, if the government is pressing for jail, help to negotiate an alternative too. 

Do I really need a DWI defense lawyer? 

No.  However, it can't hurt to talk to one ... or even hire one so as to increase chances of having the charges against you reduced or possibly dropped. 

Get answers to YOUR questions.  Schedule a FREE CONSULTATION with the Rolloff Law Office.  Call: (612) 234-1165

Minnesota Fleeing (Explained)

Last week I met with a woman who (it's alleged) briefly attempted to evade police with her young daughter in the vehicle --- and is now being charged with Felony Fleeing Police in a Motor Vehicle and a DWI.

The police officer attempted to stop this young woman when he pulled up behind her vehicle and noticed that her license plates were expired. She then pulled into a business' parking lot. When the officer stepped up to her vehicle's driver's side window, she informed the officer that she did not have a driver's license or the vehicle's registration. The officer then instructed her to stay in her vehicle while he returned to his squad car. She then drove away. After the officer pursued her for less than a mile, she again pulled over where she taken out of the vehicle and arrested.

Here's the Scoop

A person may be charged in the State of Minnesota with Fleeing a Police Officer in a Motor Vehicle, a Felony, if the person does any of the following in an attempt to evade police after the officer signals the driver to stop:

• Increases their speed;
• Turns off their headlights or taillights;
• Fails to stop; or
• Uses other means to evade police.

The penalty for said offense up to 3 years and 1 day in jail, as well as a fine of up to $5,000.

What Does This Mean For You?

If you are driving your car and a police officer signals you, whether by lights and sirens or otherwise, you should pull over. Taking action to evade the police may result in a felony charge for Fleeing a Police Officer in a Motor Vehicle, which would be in addition to whatever other charges you may be facing, such as Drunk Driving. Fleeing police and DWI are serious charges. However, when there are additional factors, such as a minor child in the vehicle, a high blood alcohol contraction, etc., the complexity of the situation is compounded and the penalties are often enhanced.

Fleeing the police in a motor vehicle and DWI have serious consequences and require experienced representation. If you think you might be charged or you have been charged with Fleeing a Police Officer and or DWI, contact an experienced Minnesota Criminal Defense Attorney for a free consultation. You need an experienced attorney fighting to protect you - call the Rolloff Law Office today: (612) 234-1165.

Minnesota DWI Arrest - Get Your License Back

In July of 2011, the State of Minnesota instituted an almost wholesale change to the DWI Laws - especially as it regarded drivers licence revocations.

Unlike in the past, individuals arested for and/or convicted of Drunk Driving have new options open to them as it regards the revocation of the driver's license - including the option to almost immediately get back on the road by utilizing a device that will prevent their vehicle from starting if their breath shows the presence of alcohol.

What's New?

Granted, under the new law - repeat offenders and/or first-time DWI offenders (with a recorded BAC of .16 or greater) face longer periods of license revocation, but as a trade off  they now have a chance to drive their vehicles sooner if they choose to install an Ignition Interlock device in their vehicle.

Then, rather than facing the full revocation period, without the ability to drive (even with a limited license or work permit,) these individuals now have the option to pay for the installation of the device - and also a monthly fee - and could be back behind the wheel that much quicker.

After installing the interlock device, an individual ready to drive a vehicle must blow into the handheld alcohol sensor usually placed in the dashboard. The device will not allow the vehicle start, if it detects a sufficient amount of alcohol. In addition to keeping the vehicle from starting, it will also conduct rolling or random tests after the vehicle has already started.  This is apparrently designed to prevent a driver from allowing a sober person to blow into the device just to start the vehicle and to further prevent the driver from drinking while driving.

In theory, the purpose of the interlock ignition device is to help monitor drinking and driving activities while promoting road safety - and hopefully encouraging changes in behavior.

For those individuals charged with Drunk Driving who choose option, there's no doubt that they will be inconvienced - but not nearly as much as going without the ability to drive.

What You Should Do?

Are you in need of an experienced Minnesota DWI attorney?  If so, contact the Rolloff Law Office today for  the comprehensive legal services that you need to ensure the best possible resolution of your DWI case. Call today, (612) 234-1165 for a free, no obligation consultation.

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.

MN's Ignition Interlock Program (Update)

After all of the hub-bub over the big changes in the state's Drunk Driving laws, as predicted - things haven't gotten exactly off on the right foot. 

Due to the government shut-down, most non-essential functions - like the Minnesota Department of Public Safety - have ceased operations. As such, the entity responsible for monitoring and approving drivers licenses, vehicle tabs, and among other things -monitoring the new Ignition Interlock Program - is not on the job. 

Therefore, although the law has changed - and many people are now subject to its enhanced penalties - alleged violators are currently in a state of limbo until the shutdown is over.

The Impact

Well, if you are arrested today for a first-time DWI, and your blood, breath or urine tests at or over a (.16) BAC or greater, you're going to be subject to the new provisions of the Ignition Interlock Program.

This means, an arestee could recieve, at first, a 7-Day Temporary License to drive. After that, he or she would be subject to a license revocation of up to a year - without the opportunity to acquire a limited license/work permit.  According to the new law, the only way that someone could drive legally for the next year, would be to obtain an ignition interlock device.

What Can You Do?

In theory, someone arrested for DWI after the change in the law, July 1, 2011, would fill out the necessary paperwork, obtain the necessary insurance, pay the necessary reinstatement fee, and install an interlock device during that 7-Day temporary license period.

However, due to the shut-down the additional conditions (ie., the day to day monitoring) can not be effectuated.  Therefore, individuals who are arrested right now CAN'T get into the program.

So, where right back to where we were before the law was changed with individuals out driving illegally and putting public safety at risk.  In a word: Not Good.  

Defending a DWI

An experienced Minnesota DWI Attorney who understands the new Drunk Driving laws can be a valuable asset in defending your case - and ensuring that your rights are protected.  These include but are not limited to raising issues about the methods used to determine intoxication and the methodology employed by law enforcement. Consulting with an attorney is always the best course of action for any type of arrest.

Do Not "Just Plead Guilty" to a DWI - Ever

There are things you regret in life, right?  Lost loves; great deals gone bye-bye, that time you should've zigged - but instead you zagged...  I am all for feeling down about the dumb things we do. The fact is we're human beings (as opposed to robots) and from time to time we will do dumb things - a lot of dumb things - and afterwards we often feel bad about it.  That being said, if that dumb decision leads to you being charged with Drunk Driving, don't compound the situation by doing something even dumber. Seriously, if you've been charged with a DWI (or any other crime) you owe it to yourself to speak with an experienced Minnesota Criminal Defense Attorney to help you with the situation. Here's the reason why.

A DWI conviction is unlike every other criminal conviction. There is no doubt that Drunk Driving is a bad thing, but so is driving while texting. But, because DWI has been saddled with such a negative connotation, lawmakers have created some extremely harsh penalties. For example, there are often mandatory jail sentences for first-time offenders, in addition to mandatory fines, license suspensions, increased insurance rates, and as of July 1, 2011, (here in the State of Minnesota,) the possibility of mandatory interlock ignition equipment. You'll also most likely be ordered to perform some sort of community service, submit to a mandatory alcohol assessment (and to follow all of the recommendations that come from it) and there is often a probationary term. If you hire an experienced Minnesota Drunk Driving Attorney, like me, to help you, a great deal of that can usually be avoided.

Alas, far too many people assume that because they've been arrested (for doing something "wrong"), they should own up to it. No offense, but if you do that, you're foolish.

In our state's criminal courts it's the government's burden to prove that the accused is guilty - beyond a reasonable doubt. That is a right that our forefathers fought for - why not use it?  If you go into court, believing that your doing the "right" thing by just pleading guilty - and expecting the system to understand - I'm sad to say, it just doesn't work like that.

What you get for your trouble is a DWI on your record -and everything that goes along with it. But, if you taken the time to hire an experienced Minnesota DWI Attorney and set him to go to work for you - you'll have someone on your side giving your desires a voice and you'll know that your rights will be protected.

In the end, we all get to make our own decisions - we all get to make our own mistakes. But every hard lesson need not come with the most severe punishment  Being altruistic, falling on your sword to show you take responsibility for what you've done, doesn't really win you any points with anyone. All it does is make your life harder.

If you are charged with a DWI, don't just go in and just plead guilty. Hire an experienced Minnesota DWI Attorney as soon as you can, and fight for your rights. Not only does this decision help you have some say in the punishment you'll receive, it will also demonstrate that in fact you are taking this matter seriously.