MN DWI Driver's License Revocations (Explained)

When someone is pulled over by law enforcement --- that traffic stop can result in major complications.  This is why it is important to speak to an experienced Minnesota Criminal Defense Attorney.

Drunk Driving License Consequences

If you have been cited for driving over the legal limit ... the authorities may be able to take your license for at least 90 days. You could also receive an automatic revocation of even longer ---  under certain circumstances, such as if your blood alcohol level tested above 0.16.

One's ability to drive a car plays a major role in many things --- including getting to work, appointments, school, etc.  So, losing your license (for months!!!) could endanger a lot of important goals you have.  

With this in mind, the whole idea about losing your license needs to be addressed quickly and correctly.    

Expericenced Driver's License Attorney

What happens in the time period right after a driver fails a blood alcohol test can have significant impacts in relation to the issue of license revocation. This is because the measures one can take (to try and protect their driving privileges when facing an automatic revocation) can have short deadlines and time-frames associated with them. 

 
Therefore, after being accused failing a blood alcohol test, you may want to discuss their options related to the issue of license revocation with the Rolloff Law Office as soon as you can.  Call today: (612) 234-1165

Minnesota School Bus Stop-Arm Violation

In 2017, the State of Minnesota upped the penalty for failing to stop for a school bus  --- a violation of Minn. Stat. 169.444. Specifically, the law requires that drivers in both directions stop --- when they see a school bus with its red lights flashing and its stop arm extended. The fine for failing to stop increased this summer from $300 to $500.  Most importantly --- school bus drivers can (and do) report these violations directly to law enforcement and the registered owner of the violator vehicle can receive a ticket in the mail – even if they were not driving the vehicle at the time of the offense.  If you have questions about a ticket you or someone you love has received for this offense, contact an experienced Minnesota Traffic Defense Lawyer. 

What Should You Do? 

Due to the presence of children surrounding a school, it is easy to understand why this law exists and why it is considered such a serious crime. With that being said, the penalties involved can be quite steep --- including the possibility that one's license could be revoked.  

The Law

There are two types of driving conduct that can be cited. First, when a school bus is stopped and is displaying an “extended stop-signal arm and flashing red lights,” every driver must stop their vehicle at least 20-feet away from the school bus. Second, no driver may pass a school bus on the right-hand, passenger-door side “when the school bus is displaying the pre-warning flashing amber signals.”

Violating either or both of these two laws is a crime,   simple violation of the above is a misdemeanor crime, leading to maximum criminal penalties of 90 days in jail and a $1,000 fine. But, under certain circumstances, it may be a gross misdemeanor crime, which results in a maximum sentence of a year in jail and/or a $3,000 fine. Such as --- if you pass the bus when a child is outside the bus, it is a gross misdemeanor offense. 

If you or someone you care about is facing criminal charges, contact me, a Minnesota Criminal Defense Attorney to set up a FREE – no obligation – consultation.  You can reach me at (612) 234-1165 or jay@rollofflaw.com. 

Commercial Driver's License (CDL) and a Minnesota DWI

The State of Minnesota takes Drunk Driving very seriously --- and if you have a commercial driver's license (ie., a CDL) the consequences can be devastating.  This is why it is important to get answers from a Minnesota Criminal Defense Attorney.

What Will Happen

Commercial drivers face strict DWI penalties that can impact their ability to work and earn a living. 

In the State of Minnesota, for a first offense, a commercial driver transporting non-hazardous material can lose his CDL for one year; a driver of hazardous materials can have his license disqualified for three years. 

If convicted of a second violation, the driver will lose his CDL permanently, but the driver can attempt to have his license reinstated after ten years.It’s considered a major offense for a commercial driver to operate a commercial vehicle with a suspended, revoked or disqualified CDL – this would result in the possibility of fines up to $5,000 and potential jail time.

Wile the driver will retain his license to operate a noncommercial vehicle unless:the BAC level was 0.08 or higher, the legal limit for a regular motor vehicle DWI. 

 
If you have a CDI and you are facing a DWI --- know this: this considered a major offense under both state and federal laws Therefore, you should contact The Rolloff Law Office right away. We will work on your behalf to either have the charges against you reduced or possibly have them dismissed. Call today: (612) 234-1165

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.

Common DWI-Drunk Driving Questions. Part I

As a Minnesota DWI Attorney, I get questions - lots and lots of questions. Some have rather specific answers - such as: "Will my driver's license be suspended - for how long?" Others, like: "What do the cops look for when searching for Drunk Drivers?" are a little less well-defined and often open to some kind of interpretation.

Here are some of the questions that I've been asked:

#1 - Why me?

Often this is the one of the first questions people ask when they're pulled over and arrested for DWI --- Why me? This is especially true if that person only had a few drinks or was not "driving drunk." 

The truth is - there is no rhyme or reason for why. Believe it or not, in the State of Minnesota, you can be arrested for DWI even when you don't intend to drive drunk. All the government generally looks for is whether there was alcohol in your system, at the time that you were driving, and did the amount of it exceed the legal limit.  If it did - you can be arrested.

Therefore, as much the people I've spoke to want to know "why" - I have to tell them that the best course of action is not to dwell so much on the "how come" but rather to begin to focus on the "what now." Because, an arrest for Drunk Driving does not always mean that he or she will be convicted of DWI.

More often than not, the people I've met with have never been in trouble with the law before. Sure, maybe they've picked up a speeding ticket or two - but they've never been involved with something that require them to go to court and to have to interact with attorneys and judges.  If you have been stopped and arrested for Drunk Driving it is important that you speak to an experienced Minnesota DWI Lawyer about your case.

#2 Why am I being charged with TWO Drunk Driving offenses? 

The traditional DWI offense is "driving while intoxicated" and it is concerned not so much with how much alcohol was in your system at the time of driving- but rather did that alcohol (usually ANY amount) influence and/or impaired your ability to drive. In Minnesota there is also a second, so-called "per se" offense that you can also be charged with. It concerns it self with the concentration of alcohol in your blood - if it is .08 or greater then you can be sited under this provision of the statute.

More often than not BOTH offenses are charged and you can be convicted of both - but you can only be punished for  one of them. If your case involves a Refusal to Test charge then only the traditional offense will be charged.

#3 - What is the punishment for Drunk Driving? 

The criminal consequences you could face will vary - depending on the particular circumstances of your case and where you were stopped and arrested. Generally speaking - first time offenders are looking at a sentence of 90 days in jail and a fine of $1000. Now, don't freak out - nearly (if not all) of the jail sentence will be "stayed" (ie., hung over your head) as will a large portion of the fine. Often this is done to ensure that you comply with the Courts other conditions which can include that you: undergo a Chemical Dependency Evaluation, attend a M.A.D.D. Victim-Impact Panel, and that you remain law abiding during the term of your probation.   

For a second offense, in addition to the conditions listed above - you will also most likely face some time in jail. In addition, you could have your vehicle and/or your license plates taken away.

#4 - What Will Happen to My Driver's License?

When you are charged with a first-time, misdemeanor DWI, you will receive a temporary license allowing you to drive for 7 days. After a 15 day period without any driving privileges (22 days after being charged with DWI,) you will be eligible to get a limited driver's license. Subsequent or more serious DWI offenses, may lead to longer suspensions and/or the revocation of your privilege to drive.
 
Although this is by no means a comprehensive list of the questions that I've been asked, these are some of the consequences that you need to be aware of and consider. 

If you've been arrested for DWI, your first, best defense should be to call an experienced Minnesota DWI Attorney and have him or her address you rights, your questions and your concerns.