Do You Need a DWI Lawyer (Explained)

A charge of Drunk Driving in the State of Minnesota is not to be taken lightly. You could be looking at the burden of court appearances, a hit to your driving record, BIG fines and the possibility of jail.

If you or someone you love has caught a charge --- you should consider contacting an experienced Minnesota Criminal Defense Attorney to get the information you need. Driving under the influence is a serious criminal charge that may have ramifications on your future employment, housing and even education choices. 

How quickly do I need to consult an attorney if I’ve been charged with Driving Under the Influence? 

The sooner that you have an attorney running through the specifics of your case, the better they will be able to defend your legal rights and interests! The answer is as soon as possible. With DWI charges, there are multiple variables to consider as you craft your legal defense. 

Is this your first DUI charge or have you been arrested for DWI previously? 
Was anyone injured or was property damaged by your actions? 
What was your Blood Alcohol Content at the time of arrest? 
Is your charge related to alcohol or another substance? 
What other charges were associated with your arrest for driving under the influence? 

Know Your Rights

Knowing your rights is one of the most important steps toward having a fair trial. 

Did you know that you are allowed to record the entire exchange if you are being stopped, without having to ask the officer? If you have a smartphone, you can do this pretty easily once you’ve been stopped. Having this record can only help you. 

Did you know that law enforcement could still arrest you even if your breath sample is 0.000? The consequence for refusing to provide a breath sample is a 12-month driver’s license suspension as opposed to a 6-month suspension if you cooperate and provide a breath sample. 

Did you know that the State of Minnesota will try to use whatever you do in the breath sample phase against you whether you provide a breath sample or not? 

Don’t be caught off-guard with your future – consult an attorney immediately to help solidify your defense against this criminal charge.  Working with the Rolloff Law Office can ensure that none of your rights are ignored. If you’re being charged with driving under the influence in the State of Minnesota, contact us today: (612) 234-1165

Minneapolis Hit & Run Lawyer (Free Answers)

When a collision occurs and the person responsible leaves the scene of that accident intentionally, the act is referred to as a “hit and run.” 

If you are involved in an accident and there is property damage, bodily harm, or the death of another person is caused, it is your responsibility to stop your vehicle while at the accident scene. You must then provide the property owner or other driver your insurance information, contact information, and your driver’s license information. If you do not do this and flee the scene, then you could be charged with a serious traffic offense.


The truth is, this simple charge can have quite a major number of consequences when background checks are performed on you. 

What Should You Do?

Depending on the allegations ... you could face anywhere from a misdemeanor to a felony charge.  You could also face a fine and/or serious jail/prison time.  The concern of law enforcement tends to be the fact that they believe there is another criminal act that led to the accident, such as drinking and driving or fleeing the scene of another incident. This can result in the case receiving a lot more scrutiny.

As an experienced Minnesota Criminal Defense Attorney, I have defend clients accused of the following types of hit and run accidents:

• Pedestrian hit and run
• Vehicle hit and run
• Bicycle hit and run
• Property hit and run

If you or someone you love is accused of colliding with anyone or anything, there can be consequences. The type of accident is what will determine the exact consequences.

Consequences

If you are convicted, you might face probation and fines, as well as possible restitution to the property owner. You could also see action being taken  ... to take away your driver's license.  

My goal, in every case, as you your Minneapolis Criminal Defense Lawyer is to have as many of those charges dismissed or reduced as possible. 

There are some cases in which these charges are dismissed, such as in cases of mistaken identity.

Regardless of innocence or guilt, you can expect your attorney to thoroughly investigate the events and make sure that you receive the best result possible in the case. The better the result, the sooner you can move on with your life.
  

Whether there is merit to the charges or there is none at all, it is important that you secure the best possible criminal defense so that you can receive the best result in your case. To learn more about how the Rolloff Law Office can help you, call (612) 234-1165 to schedule a free consultation.

Scott County DWI Attorney

At the Rolloff Law Office, we advise and represent clients who have been arrested for drunk driving. We not only prepare and present your strongest available defense, we also consider the case from a broader perspective. We do everything we can to protect you from the non-criminal consequences of a DWI conviction, just as we work to resolve the criminal charges against you on favorable terms. 


The formal term for drinking and driving charges in Minnesota is DWI, short for driving while impaired. The penalties for DWI have become more harsh in recent years, and even a first-time offense will result in a revocation of your driver's license. 

An important part of our client service in DWI defense is protecting your interests in license revocation/Implied Consent hearings and applications for limited driver's licenses so that you can at least commute to work.


Minnesota DWI Penalties

There are two tiers of penalties for Minnesota DWI convictions, including guilty pleas, depending on the blood alcohol concentration (BAC) evidence used against you. 

Driving with a BAC of .08 percent or greater is punished less severely than driving with a BAC of .20 percent. For commercial drivers, the maximum allowable BAC is .04 percent, and for persons under 21, a BAC as low as .02 percent can result in a conviction. The penalties involve jail time, which is often suspended for first offenders, heavy fines, and license revocation of varying lengths depending on your BAC and how many DWI or DUI convictions you have had in the last ten years.


What To Look For

At The Rolloff Law Office, our attorneys will not only analyze the circumstances of your arrest and the details of your field sobriety and blood tests to see whether your case can be defended on the merits, but we also look to your broader situation to protect what you have to lose. Whether your biggest concern is auto insurance, a probation violation, a professional license or security clearance, or even the forfeiture of your car or truck, we work with you and the prosecution to protect you from the worst possible consequences of the charge.

Different Minnesota counties handle DWI cases in different ways. As an experienced Minnesota DWI Attorney, I have been in almost every county in the state ... working with some prosecutor who allow plea negotiations based on the specific circumstances of the evidence and the defendant's situation, while others are not as flexible. My experience with the effective defense of DWI charges can help you make the right decisions based on a realistic appraisal of your risks.
 

For a free consultation about our ability to represent your interests effectively in defense of serious DWI charges, contact an attorney The Rolloff Law Office at (612) 234-1165

Hennepin County DWIs (Explained)

If you or someone you know has been arrested for DWI or drunk driving, here are a few initial things to know:

1. Consider Contacting a Minnesota DWI Attorney 

When ever your facing a situation unknown to you, it is a good practice to bring yourself up to speed --- to get information --- before you make a decision which will (likely) have longstanding ramifications.  An experienced Minnesota Criminal Defense Attorney can ensure that your arrest is handled properly and that you receive the best result under the circumstances - including a dismissal.  If you are unsure about the process, an experienced drunk driving lawyer can help you understand the process and make you aware of your options.

2. Consider Challenging the License Revocation

As part of most Minnesota DWI arrests, the accused may have their driver’s license revoked, their license plates impounded, and/or their vehicle forfeited. If you want to challenge these things, you need to file, in a timely manner, paperwork with the court.  In addition, the time to file these challenges is limited to between 30 and 60 days. If this seems like something you might need help with --- consider contacting a lawyer.  

3. Be Proactive

Most DWI convictions will include - as part of the criminal sentence - certain obligations, including: a chemical dependency evaluation and attmedence at a MADD Victim Impact Panel.  If you do those things before the judge orders you to do that ... you maybe able to earn a better outcome for your case by a more open minded DA and judge who'll see that you are "working on the problem."

If you are facing a Minnesota DWI, DUI, or drunk driving charge, call The Rolloff Law Office for a free consultation at (612) 234-1165.

Minnesota DWI Questions - Answered

If you have been charged with DWI, please review the following information and do not hesitate to seek help from an experienced Minnesota DWI Defense Attorney.

How drunk does someone have to be before they can be convicted of driving under the influence?

In the State of Minnesota, any blood alcohol level of (.08) or higher will subject you to criminal charges and/or a conviction. However, your driving skills are affected from the first drink of alcohol. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.

How many drinks can I have before being over (.08)?
It is not the number of drinks alone that determines how high your blood alcohol levels are. Wine, beer, mixed drinks and hard liquor have different percentages of alcohol so it’s more important to focus on how much total alcohol you have consumed over a certain period of time. Additionally, your impairment and your blood alcohol levels are influenced by gender, age, weight, amount and type of food you have eaten, medications, and other factors.

Do I have to take a blood, breath, or urine test if asked to do so by the police?

The answer is almost always “yes” because refusing to do so is considered a crime, a Gross Misdemeanor, in the State of Minnesota. If you refuse to take a test when you are stopped, your license may be revoked for at least a year --- depending on any "priors" you might have.

I tested under the legal limit and I’m still charged with DWI, is that legal?

The answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if the alleged improper driving conduct establishes that the driver is “under the influence” of alcohol.

How long will I lose my driver’s license?

The length of revocation or cancellation of your driver’s license depends on many factors including your blood alcohol concentration, whether or not you took the test, the number of prior offenses, your age, and the length of time between offenses. Typically, if it is your first offense and your blood alcohol concentration was under (.16), your license will be revoked for 90 days --- but maybe as few as 30. For more information, you should contact The Rolloff Law Office at (612) 234-1165.  

When can I get a work permit (limited license)?

Again, a person’s eligibility for a work permit (limited license) depends upon numerous factors including, but not limited to, blood alcohol concentration, number of prior offenses, and whether or not you took the test. Typically, if it is your first offense and your blood alcohol concentration is under (.16) then you can apply for a work permit 15 days after the expiration of your temporary license.  

How do I get my license reinstated or get a work permit?

Generally, in order to have your license reinstated, or to get a limited license, you must follow the requirements established by the Department of Public Safety. If it is your first offense, you must: (1) pay the reinstatement fee,, (2) make an application for a new license, and (3) take a written test on chapters 7 and 8 of the Minnesota Driver’s Manual. 

If convicted of Drunk Driving, you could face fines, penalties, jail time, and more. Because of these harsh results, you would be making a serious mistake if you took your DUI / DWI lightly! Get the legal help you need from an experienced Minnesota DWI Lawyer. Call the Rolloff Law Office TODAY. (612) 234-1165

MN School Bus Stop Arm Violation

In the State of Minnesota, when a school bus is stopped on a street or highway and is displaying an extended stop-signal arm and flashing red lights - a driver approaching the bus is required to stop their vehicle at least 20 feet away from the bus and not move their vehicle until the signal arm is retracted and the red lights stop flashing.  If someone fails to do this - it is a crime.  

Believe it or not, it is also a crime to pass or attempt to pass a school bus on the right-hand, passenger-door side of bus while it is displaying the "pre-warning" flashing amber signals.  If you have been ticket for either of these infractions, you best bet (even if you think you are guilty) is to contact an experienced Minnesota Criminal Defense Attorney.  
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The Consequences

Someone who fails to stop a vehicle while a school bus has its stop-arm extended is guilty of a misdemeanor punishable by a minimum fine of $300.... if convicted.  The penalty could also include jail time and/or a larger fine.  See Minnesota Statute Sec. No.: 169.444.  

A person is guilty of a gross misdemeanor if they fail to stop their motor vehicle and commit either or both of the following:

• Passing or attempting to pass the school bus in a motor vehicle on the right-hand, passenger-door side of the bus; and/or 
• Passing or attempting to pass the school bus in a motor vehicle when a school child is outside of and on the street used by the school bus or on the adjacent sidewalk

According to the government, passing a school bus (whether accidental or intentional) in such a situation endangers the lives of children. Therefore,  police and prosecutors take these crimes very seriously. You should to --- that is why I suggest that any person charged with illegally passing a school bus should call the Rolloff Law Office to get answers.  As a former prosecutor, I have worked on dozens of cases like this --- I know all of the "ins" and "outs" and I can help you to earn an outcome that helps you keep your license and your money.  Call today to set up a free consultation  (612) 234-1165.   

Minnesota Driver's License Issues (Explained)

Driving after your license has been suspended, revoked, or cancelled is a criminal offense in Minnesota.  A conviction for these offenses can have not only consequences on your criminal record, but can cause further damage to the status of your driving privileges.  If you have been charged with a license violation, contact an experienced Minnesota Criminal Defense Attorney that can help.

Types of License Violations

In Minnesota, your driver’s license can be either suspended, revoked, or cancelled.  Suspension occurs usually when you fail to renew your license on time, fail to pay a fine or appear in court, or are convicted of certain minor traffic offenses.  Revocation occurs when you commit more serious traffic violations such as DWI/DUI.  Driving with a suspended or revoked license is a misdemeanor offense.

If the Minnesota Department of Public Safety (DPS) considers you a dangerous driver, they may cancel your license as inimical to public safety.  Driving after receiving this cancellation is a gross misdemeanor, carrying a penalty of up to a year in jail and a $3,000 fine.

MN DPS may also put restrictions on the hours you can use or driver’s license, or may require that you not consume any alcohol or drugs.  Violation of these restrictions is also a crime.

Penalities for License Violations

The consequences for being convicted of a license violation depend on the circumstances of your case, your criminal history, and your driving record.  They may include the following:

• Fines
• Probation
• Jail
• Community service
• Additional license revocation

Have additional questions? Call the Rolloff Law Office for a free consultation --- (612) 234-1165.

Minnesota DWI License Restrictions (Explained)

It seems like every year, the State of Minnesota imposes harsher penalties upon those arrested for a Drunk Driving. This year is no exception, as effective July 1st, the legislature dramatically increased the license revocation penalties for Minnesota DWI offenses.  These penalties are imposed upon arrest.  If you need some assistance with a Drunk Driving arrest, your first best call is to an experienced Minnesota Criminal Defense Attorney.

How Bad is it?


When am I eligible for a limited license?

1st offense - (.08) BAC but less than (.16)

If this is your first offense and you are under (.16) BAC you may obtain a limited license fifteen days after the 7-day temporary license has expired (i.e. 22 days after the date of your arrest).

You will receive your full license after 90 days.  If you are under 21 years of age the license revocation is for a minimum of 180 days.

1st Offense - (.16) BAC or more

The license revocation penalty is for one year and you are not eligible for a limited license.

2nd Offense within ten years, or third offense on record of (.08) BAC but less than (.16)

The license revocation penalty is for one year and you are not eligible for a limited license.

2nd Offense within ten years of (.16) BAC

The license revocation penalty is for a minimum of two years.

3rd Offense within ten years

The license revocation penalty is for a minimum of three years.

4th Offense within ten years

The license revocation penalty is for a minimum of four years.

5th Offense or More Offense

The license revocation period is for a minimum of six years.

"Refusal to submit to testing" also carries the following penalties:

1st Offense Refusal:  The license revocation period is a minimum of one year.

2nd Offense Refusal:  The license revocation period is a minimum of two years.

3rd Offense Refusal:  The license revocation period is for a minimum of three years.

4th Offense Refusal:  The license revocation period is for a minimum of four years.

5th or More Offense:  The license revocation period is for a minimum of six years.

What Now?


The attorneys at the Rolloff Law Office experienced in challenging these license revocation procedures.  I provide a thorough and systematic analysis of every case and will exploit any weakness to defend the people I represent. I am available to discuss your case, seven days a week. Call me today and we'll take an immediate look at your case - (612) 234-1165.

Two Common Minnesota DWI Mistakes To Avoid

If you've already made the mistake of possibly drinking too much before driving - the least you can do is try to avoid making these all to common errors when charged with a DWI.

Being charged for Drunk Driving can be scary for anyone, but even more so if it is your first ever drinking-related charge. Simply talking to the police and trying to understand your rights can cause stress and anxiety, which is why many people panic when they find themselves in a similar situation.

However, this can be very dangerous for yourself and your  case. When many people are scared and anxious after being pulled over for a DWI, they often end up making accidental mistakes than can do more harm than good to their DWI case.

Luckily, hiring a properly trained, experienced DWI lawyer to handle your charge can help  to dramatically increase an acceptable result in your case case. However, it is still important to understand the most common mistakes that people make when charged with a DWI, that way you can avoid them or inform your lawyer of them so that they can take necessary next steps.

Here are just three common DWI mistakes commonly made by someone who is accused of driving while intoxicated:

1. Assuming That You Are Guilty
People often think that just because they have careful about handling your case. Therefore, ignoring your charge or trying to solve it yourself without any legal training can have horrible, long-lasting effects on your record.

There are many difficult factors and tasks that must be done in order to properly represent yourself in court for a DWI charge, including getting proper information from the police, obtaining proper evidence, and dozens of other complicated tasks. These are not risks that you should take when such a serious charge is on the line.

2. Not Hiring A Knowledgeable, Experienced DWI Lawyer
DWI laws and charges are different in every single state, including Minnesota. Therefore, it is important to find a professional lawyer that is familiar with the laws in your area and knows how to work with them most effectively. An experienced Minnesota DWI Lawyer also knows how to challenge the different types of evidence that are completely unique to Drunk Driving law.

What To Do

As an experienced Minnesota DWI Attorney, I can work to ensure that your rights are preserved and that all of the proper challenges to the criminal and civil penalties are filed in a timely manner - and fought against in court. If you or someone you love is facing a DWI or Drunk Driving charge, call the Rolloff Law Office - at (612) 234-1165 - today to set up a free consultation to learn about your options.

Minnesota DWI Penalties - The Non-Criminal Ones

In Minnesota, a Drunk Driving charge can lead not only to criminal consequences but one could also be subject to certain civil penalties.  The criminal matter is, of course, handled by the prosecutor and has the potential for jail, fines and other sanctions.  However, and many people who have never been down this road before fail to recognize this, a DWI arrest will also place into jeopardy not only one's ability to drive legally but it could also lead to the loss of their vehicle and/or the vehicle's license plates.  These are the possible civil consequences.  And understand this, these matters are entirely separate from an individuals criminal case. This is why consulting with an experienced Minnesota DWI Attorney is essential to upholding your rights.

Loss of Driver's License

Outside of what could come one's way in criminal court, the number one civil consequence I'm most quizzed about by my clients who have been arrested for Drunk Driving is the status of the driver's license.  The length of revocation varies depending on the specific charges brought against an offender and the circumstances surrounding their arrest.  But, in nearly every case - an individual will be subject to a loss of his or her license and a rather expensive re-instatement fee. Moreover, that loss of driver's license (even if they "win" their criminal case) will qualify as having incurred a "prior" and could have the effect of leading to enhanced penalties in the future if one is again arrest for a Minnesota DWI.

Loss of License Plates

In addition to the loss of one's driver's license, an arrest for Drunk Driving can also lead to the loss of your vehicle's license plates.  Yes, instead of that attractive "Land of 10,000 Lakes" plates you see on over 90% of the vehicles in the State of Minnesota - you could be forced to don the plates of shame - ie., the “whiskey plates.” More often than not, this is not something that occurs for a first time offender; however, if you're facing a third-degree DWI charge (or higher) then this is a very real possibility.

Loss of Vehicle

Although the loss of license might sound severe - especially if you do not  live in an area where public transportation is a viable option - generally speaking the worst consequence one can face if he or she is arrest for a Minnesota DWI is the loss of their vehicle.  If you're charged with a first- or second-degree DWI, the government may seek to keep your vehicle - and eventually sell it at auction or you might be afforded the wonderful chance "re-buy" it from the state.

What Should You Do?

Remember, all of these consequences will not be handled in criminal court.  Rather, if you want to fight against these penalties you must do so on your own action - separately.  If you fail to do so - even if your criminal case is eventually thrown out or resolved as something less than a DWI - you can still suffer their effects. 

As an experienced Minnesota DWI Attorney, I can work to ensure that your rights are preserved and that all of the proper challenges to these civil penalties are filed in a timely manner - and fought against in court.  If you or someone you love is facing a DWI or Drunk Driving charge, call the Rolloff Law Office - at (612) 234-1165 - today to set up a free consultation to learn about your options.