DWI Plea Deals in Minnesota – A Wet Careless

A conviction for a DWI can stay on your record for 10 years (or more) in Minnesota.  This notation also carries with it a host of serious penalties. Because of this, it is important that you look for help from an experienced Minnesota Criminal Defense Attorney and fight the charges. 

Even if the odds are against you --- a lawyer can help you to earn a  plea deal known as a “Wet Careless.” 

DWI Plea Deals

Plea bargains are often viewed as a "win" for all parties involved in a case --- especially if the accused has little to no chance to prevail a a trial.  If the government has a strong case, it is likely that they will win and the defendant will be convicted on a serious charge. With this in mind, a defense attorney may negotiate with the DA to see if they would be willing to make a deal. 

This often means: Someone may agree to plead guilty to a lesser charge --- if the prosecution agrees to drop the more serious charge. These deals save the government time and money ... while they still get their conviction ... and the accused gets a chance to avoid the most serious consequences.   

"Wet Careless" Plea Deal

A wet careless is a term for a plea deal in a Drunk Driving case.  Under these circumstances: instead of challenging the case in court, the client agrees to plead guilty to a charge of Careless Driving and the government agrees to drop the DWI charge. Here, the prosecution gets an easy conviction on their record and can start preparing for the next case, while the client avoids a more serious DWI charge - going on thier record.  And, most Careless Driving charges only result in fines, while a DWI can result in jail time, larger fines and the loss of one's driver's license.  So ---  it’s easy to see why someone would plead guilty to a "wet careless" 

At the Rolloff Law Office, we want to do right by our clients, so if we believe we can win the case, we’ll let you know. However, if we can't --- then Plan B is to work towards a plea deal --- if we feel that it is in your best interest. To talk about your DWI case or any criminal charges you’re facing, please feel free to set up a FREE CONSULTATION today: (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

Minnesota DWI Court Process (Criminal Cases)

Minnesota Drunk Driving cases - once they end up in court - go down a couple of different roads.  If you are arrested for DWI, not only will you be subjected to the possibility of criminal consequences but in another proceeding (unrelated to the criminal charges) you'll also be faced with the dilemma of losing your driving privilege. 

Here, we'll cover the criminal case DWI process - in another post I'll describe the civil case process.  Of course, this is but a rough out line of what you could face - as each Minnesota DWI case is different.  If you've been arrested for Drunk Driving, your best bet is to speak with a Minnesota Criminal & DWI Attorney about your unique options.

Minnesota DWI Criminal Process
Throughout your case, you may be required to attend a number of court appearances. 

1. The Arraignment

This court appearance is the first court appearance scheduled when the crime being charged is a misdemeanor or lesser offense --- not a gross misdemeanor or felony.  Your presence at this appearance may or may not be required depending on the county and/or court in which you are being asked to appear. 

If you are charged with a misdemeanor DWI, you can often avoid appearing for this first court date by hiring an experienced Minnesota DWI Attorney.  If your appearance is necessary, this is simply an opportunity to either:  (a.) enter a plea of not guilty and schedule a pre-trial (explained below) or (b.) attempt to resolve your case either through dismissal of charges, plea negotiation or other available means. 

 2. Pre-Trial Hearing

This "2nd" appearance goes by a number of different names.  Generally speaking, your presence at this appearance is required. In short, this court appearance is simply to determine if the case can be resolved without the need for further court appearances. 

This appearance is an opportunity for your attorney to:  (a,) speak with the DA about the status of the case and possible resolutions; and/or (b.) arrange for the exchange of additional evidence; and/or (c.) schedule a Contested Probable Cause Hearing (explained below); and/or (d.) schedule the matter for Trial.  In any event, typically no evidence is presented at this hearing and no witnesses need be present.

 3. Contested Probably Cause Hearing

Again, your presence at this court hearing is often required.  At this hearing, your attorney will either:  (a.) request that the Court dismiss all or some of the criminal charges against you; and/or (b.) request that the Court not allow the prosecution to admit some or all of the evidence against you (which can sometimes lead to the dismissal of the charges referenced above). 

Normally, this court appearance will require the presence of any arresting officer or other persons who participated in gathering any evidence that would be offered by the opposing party against you.  On occasion, it may be necessary for your attorney to arrange to have witnesses (who can testify on your behalf) to participate at this court appearance.

4. Trial

Your presence at this court appearance is definitely required.  At this appearance, your case will either be resolved (discussed in general in the Arraignment section above) or continued to a trial.  You have a Constitutional right to have a trial before either (a.) a jury of your peers or (b.) a Judge In either event, you are presumed innocent unless and until the prosecution meets its burden in proving all the elements of the crime charged beyond a reasonable doubt.

5. Sentencing
Your presence at this court appearance is also required.  At this court appearance, the Judge will hand down your sentence (if you have plead guilty and/or have been convicted,) which may involve the stay of imposition of time in jail, fines and other conditions of which you must abide by during the term of your probation.  An experienced Minnesota DWI attorney may be able to negotiate an alternative to jail - such as treatment, Electronic Home Monitoring, release programs or community service.  If your case comes to this, we'll have an opportunity, prior to the sentencing, to discuss the possible outcomes.

Before any of what is set-forth above, if you have been arrested for a DWI, you owe it to yourself to speak to an attorney to learn what's in store for you.  Call the Rolloff Law Office today - at (612) 234-1165) - to speak to someone who knows what you'll need to know.  All initial consultations are FREE - so do it!

How to Find a Minnesota Criminal Defense Attorney

There are many different ways that you can go about finding an experienced Minnesota Criminal Defense Attorney.  Obviously, I'd be honored to speak to you about your case but the purpose of this article is designed to give you some insight into the places you might want to look for help.

The Internet is a Huge Resource

It is very hard to hide anything about a professional, such as a lawyer, in the internet these days.  If someone has done poor work there is probably an article, comment, or negative review out there that you can read in making your decision to hire a specific person.  Note, many times competitors will post fake comments in order to try to hurt their competition – use your common sense and judgment and do your research.

There are many sites out there that attempt to objectively rank lawyers against one another.  Sites such as www.avvo.com, www.lawyerratingz.com, are two examples that you might want to look at to get a better picture of your attorney.  It is important to know that on some of these sites lawyers can purchase their position on search results – so again, do your homework on the attorney you are considering hiring.

Ask the Criminal Attorney about His Experience
Experience is a completely subjective matter.  There are attorneys that have practiced law for twenty years, but never had a jury trial.  There are others that have practiced for three years and had over a hundred.  There are attorneys that focus specifically in one area of law, where others are more general.  Each has its advantages – a specialist, or an attorney that devotes their practice to a specific area might be better suited for complex litigation but a more general criminal defense attorney may have the flexibility necessary to completely handle your case.

When talking to the attorney ask them about the other attorneys you’ve spoken to.  An attorney that is confident in their own abilities will probably not speak poorly of another attorney – I know I never would.  As a practical matter I always recommend that my potential clients speak to as many attorneys as possible, because it is important to select a lawyer that you feel comfortable with – it is your life, freedom, and reputation on the line in criminal cases.

How to Get a Hold of Me
I would be honored if you spoke to me about becoming your Criminal Defense Attorney, give me a call at (612) 234-1165 and we can discuss your case today - for free.

Minnesota DWI - Prescription Drugs & Cold Medicine (Explained)

Many of you have probably have heard of Drunk Driving, DUI and/or the phrase "driving under the influence," but  do you know exactly what that means?

Some might say it just means driving under the influence of alcohol or illegal drugs like marijuana. That's correct - but, what many people fail to realize is that it also means that a person can be charged with a Minnesota DUI when he or she drives a motor vehicle under the influence of legal substances - like drugs prescribed by a doctor and even cold medicine.

In the State of Minnesota, it's true that people will face DUI charges if they have a blood alcohol concentration (BAC) of (.08) or more. But it's also true that a driver can be charged with a Minnesota DUI even if they haven't even been drinking at all.

Believe it or not, the police can pull over and cite drivers for driving under the influence of any substance - legal or otherwise - if they find, for example, that that substance has influenced their ability to drive. 

What Should You Do?

If you or someone you care about has been arrested for a Minnesota DUI, you'll need someone who knows how to contest these charges.  I'm an experienced Minnesota Criminal Defense Attorney.  Call me today to set up a no-cost consultation to discuss what the Rolloff Law Office can do to protect your rights - and your future.

Minnesota DWI Conviction - SR-22 Insurance Form (Explained)

One of the hidden penalties of a Drunk Driving arrest, as discussed earlier, is the impact on your motor vehicle insurance. If you've been recently convicted of a Minnesota DWI you may be required to file an SR-22 Insurance Form before you can apply for the reinstatement of your driver’s license. 

As with all DWI related issue, it is important that you discuss this issue with an experienced Minnesota Criminal Defense Attorney to explore the options applicable for your specific situation.

What's an SR-22 Form; Why Do I Need One?

An SR-22 is an insurance certificate that individuals who have been convicted of DWIs and/other related offenses maybe required to submit. Generally, the form is filed by your insurance provider and is meant to prove your financial responsibility through a sufficient and existing liability insurance policy that you have with that provider.  If required such a form is required, you are often obliged to maintain an SR-22 insurance policy for at least three years, depending on the nature of your conviction.

The types of SR-22 forms that may apply if you've been convicted of Drunk Driving include: (i.) an Operator’s Certificate for when do not own a vehicle; (ii.) an Owner’s Certificate for vehicles you own; and (iii.) an Operators-Owners Certificate for owned and non-owned vehicles that you may use.

Where Do You Get SR-22 Insurance Policy Forms?

Auto insurance providers, who specialize in SR-22s, will have these forms. However, I would caution you to shop around - because some providers charge higher premiums than others. Shop around; remember, you're going to be required to carry this level of coverage for at least three years, you are going to need to factor cost into any decision to go with a vehicle insurance provider,  If you need help, contact your Minnesota DWI Attorney for a recommendation.

Then, once you settle on an insurance provider, you have to pay the processing fee and wait for the agency to send the proper request to the Minnesota Department of Public Safety - this usually takes approximately 30 days. If you're approved - you will receive the SR-22 form from the insurance company and a letter from the department stating the details of it.

One Important Reminder!

Never let your SR-22 lapse. Insurance providers are required by law to immediately notify the state if your SR-22 coverage runs out.  If that is the case - you could see your license revoked and you may have to go through the whole SR-22 procedure again - this could also include starting the three-year minimum period starting all over again too.

What Should You Do?

If you have been convicted of Drunk Driving, one of the most important discussions you'll have to have with your Minnesota DWI Attorney is on the whole SR-22 issue. Know this, the process isn’t easy, but with some assistance I do believe that you’ll find that it is in your best interest to submit to it if you wish to regain your driving privileges as soon as possible.


If you've been charged a Minnesota DWI call the Rolloff Law Office at (612) 619-0262 and have me review your case for free. 

The Breathalyzer (Explained)

Most Minnesota drivers are familiar with what a Breathalyzer is and what it is alleged to do.  (In Minnesota, the Intoxilyzer 5000 is the device of choice in most jurisdictions; however, that will soon be changing as it is phased out and new Datamaster machines are employed. 

At their most basic, these devices are used by law enforcement to determine if someone is Driving Drunk - to see if a driver's alcohol concentration is (.08) or greater. 

What Does (.08) or Greater Mean For You?

If you learn one thing today, I hope it is this - a breath test result of (.08) or greater does not necessarily mean that someone is too drunk to drive. Rather, all lawmakers have done is mandate that that level of alcohol concentration in someones system - (.08) or greater - is by itself enough to determine that someone is too drunk to drive. Ass such, nothing much else about one's ability to drive really matters. The result is the result - as far as the cop, prosecutors and all to often judges and juries are concerned. Therefore, instead of being able to make a case that a driver's perceptions, conduct, balance and/or judgement are not effected by the amount of alcohol in his or her system, the work of an experienced Minnesota DWI Attorney  is often centered around taking on a machine printout that by itself is presumed to prove someone is too drunk to drive a vehicle properly.

The Problems with Breath Testing

A breath tests top task is to test the level of ethyl alcohol in your blood. (One's breath is tested, instead of blood, because it is cheaper and less intrusive.)  This is done by determining the relationship between the alcohol content in one's breath and then extrapolating that number out to determine the alcohol content in one's blood. This can be done because one way alcohol is expelled from the body is through he deep tissues of the lungs which is then breathed out of the body.

However, because it is not blood - there can be problems.  Not the least of which is that the temperatures in the lungs changes throughout the process, IMHO limiting the true true relationship, or correlation, between the alcohol in your breath and in your blood - often leading to grossly inflated overestimations.  Another problem is that humans have been found to have ethanol alcohol in their systems - even without having having had consumed alcohol.  There are also extensive issues surrounding how one's breath is tested - and what the machine does and does not "read". 

At the end of the day, I feel comfortable asserting that breath test machines, like the Datamaster and the Intoxlyzer 5000, aren't 100% accurate. Therefore, the results they produce - the almighty number that will label you a Drunk Driver - is likely inaccurate. 

What Should You Do?

In addition to digesting the information collected here about the "hows" and the"whats" of Minnesota's DWI laws -  if you or someone you love has been arrested for DWI - your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights and to have him fight for you in court.  

What is drunk? There's an app for that.

More than a few people I've talked to - who have been accused of being "drunk" and driving - have told me that they sure didn't "feel intoxicated" at the time of their arrest. However, the test that they took down at the cop-shop had something else to say about that.

Wanting to be careful in the future, here are some things you may want to consider and tools you might employ to gauge your own level of intoxication.

#1 - A general rule of thumb is that you can have one 12oz. beer, one 4 oz. glass of wine, or one 1.5 oz. shot of whiskey per hour and not be "over-the-limit."

#2 - You can also look to something like this "wheel" to help guesstimate your Blood Alcohol Content  before you get behind "the wheel" of your vehicle.

#3 And finally, there are also any number of apps (free and otherwise) available for your smart phone which also purport to assist you in these calculations. 

(Please understand that these BAC Calculators are best used for for informational purposes only. One shouldn't rely on them for the purpose of drinking alcohol and then driving; however, they might make for an interesting conversation piece at your next cocktail party or "appy" hour.)

In all seriousness, the consequences that can flow from a DWI arrest and prosecution can be HUGE -  the loss of your driver’s license, heavy fines, probation, jail, vehicle impoundment or forfeiture... the list goes on and on.  The State of Minnesota treats Drunk Driving quite seriously - and so do I.  

If you've been arrested for Drunk Driving, you need to ensure that your rights are protected and that your concerns and desires are addressed. Your best, first move should be to contact an experienced, tenacious Minnesota DWI Lawyer who will fight for you and your future.