Your Second MN DWI Offense

A lot of people that I have worked with - as an experienced Minnesota DWI Attorney - have said: "I will never drink and drive, again."  And then ... "Again" happens.  The State of Minnesota's Drunk Driving laws makes it clear that repeat drunk driving offenders will encounter harsh penalties.

Criminal Penalties

If you hated your first trip to court for a DWI ... you're really going to his like Round 2.  According to the Minnesota Department of Public Safety, law enforcement arrest in upwards of 30,000 people every year for driving while intoxicated. Upon conviction, these people face both criminal and civil/administrative offenses. The public saftey department asserts that people with multiple DWI offenses, over a 10-year period, could encounter the following consequences from a criminal perspective:

For a second offense in which the person’s blood alcohol concentration was under 0.16, the defendant could face a fine of up to $3,000 and up to serving one-year in jail.

For a second offense in which the blood alcohol concentration was at or above 0.016, or for any third offense, the defendant could receive a gross misdemeanor charge that carries with it up to a year in prison and up to $3,000 in fines.

For any fourth offense, a defendant will be charged with a felony and face up to seven years in prison and up to a $14,000 fine.Criminal DWI convictions will remain a part of people’s records for the rest of their lives. 

This can have a serious effect on finding employment and suitable housing, especially when the charge is a felony. Convicted felons also lose some of their constitutional rights, such as owning firearms.
 
Aggravating factors

The above-listed penalties give judges some leeway when handing down a sentence. When there are aggravating factors present, an offender could face the mandatory minimum penalties available under the law. For example, a second DWI offense alone may be classified as a 3rd Degree Gross Misdemeanor.  However, if a child was in the vehicle, the crime, while still categorized as a gross misdemeanor, could lead to a second degree DWI charge and cost you your vehicle.  Additionally, if the defendant caused an accident that led to property damage or the serious injury or death of another person, prosecutors could bring more severe charges.

Test refusal

Minnesota’s implied consent law dictates that anyone who is arrested on suspicion of drunk driving must submit to a chemical test of either the blood, breath or urine. The test will be administered within two hours of the time someone was last driving. Refusing to take the test will have consequences, including automatic revocation of the driver’s license.Just like the above penalties, the repercussions of refusing a test grow more serious with multiple offenses. Someone with no prior convictions faces a one-year's long license revocation. However, anyone with prior convictions will have to add that one-year time-frame to any current license restrictions. 

Administrative Penalties 

As anyone who has been through a DWI knows ... the consquences do not end in the courtroom with criminal sanctions. In fact, for some people, the civil/administrative penalties for DWI can be far more inconvenient. According to the DPS, anyone convicted of multiple DWI charges will have to forfeit their motor vehicle and their license plates will be impounded.The administrative penalties for people with two drunk driving offenses are based on their blood alcohol concentration. For those with a BAC of less than 0.16, they may choose between an ignition interlock device installed on their vehicles and a restricted license for one year, or a total loss of driving privileges for that timeframe. A BAC of 0.16 or over merits the same choices but extends the timeframe to two years.

As an experienced MN DWI Lawyer, I have observed individuals who have three DWI convictions have their driver's licenses cancelled because they have been deemed “inimical to public safety.” To get back to driving, these people often have to enroll in a treatment facility. And ... they will have one year of a limited license with the use of an ignition interlock. After treatment completion, they will have two years of an ignition interlock with a restricted license.

If you or someone you love needs help with another DWI charge, please call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165

Minnesota DWI - Field Sobriety Tests (Explained)

As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about DWIs.  One common inquiry is about Field Sobriety Tests.  Here's some info that you need to know.

Minnesota Field Sobriety Tests

A police officer, after pulling over a driver for suspected Drunk Driving will usually say something to the driver: 

“I need to have you step out of the car and do a few tests to make sure you are okay to drive."  At the time, the driver is not told that he/she has the option to refuse those tests. 

Here’s the skinny. 

Almost always, the purpose for the Standardized Field Sobriety Tests (SFST) is to gather evidence against you to be used at trial. 

The Truth

There are two ways to convict a person of DWI: one is to prove that they drove and had a alcohol concentration of .08 or more as tested by a blood, breath or urine test. However, suppose a clever defense attorney gets the test kicked out. They can still convict you if they can prove that you drove at a time that you were impaired by alcohol. 

Whether or not you are “impaired” is determined by the officers observations, your conduct and your statements. It is for this reason that police will tell you to do the SFST. They will later testify in court that your inability to do the test proves you were impaired.

The good news is that you are not required by law to do SFSTs. You have a right to decline. If you decline, do not say you are declining because your are too drunk to do them. Simply say that you invoke your right not to perform those tests. 

The one exception (sort of) to this is the preliminary breath test (PBT) --- that little box that officers have you blow into on the side of the road. 

If you refuse to blow into the PBT the officer can place you under arrest and ask you to do a blood, breath or urine test. But, the PBT is not admissible in court (except for persons under 21) to show the existence of alcohol or if you later refuse the blood, breath or urine test.

Need help, with a Drunk Driving accustation, feel free to call the Rolloff Law Office to get FREE ANSWERS and set-up a consultation: (612) 234-1165

Minnesota DWI Myths - Part 3 (Explained)

There are myths and then there are MYTHS.  Here are some of the most common misconceptions regarding Minnesota DWIs that I'm often called on to respond to.
 
1. Sucking on pennies or using mouthwash will help lower your blood alcohol concentration result.
WRONG: Sucking on pennies or anything else that is copper will have no effect on your blood alcohol concentration (BAC) result. As far as mouthwash or breath sprays go, these substances can actually inflate the amount of alcohol found in BAC results, not lower them. Both of these substances contain low amounts of alcohol that an advanced breathalyzer may be able to pick up.

2. You must take the Field Sobriety Tests.
WRONG: While the police are not required to tell you this, in the State of Minnesota, the law does not require that you perform any type of test, including a Field Sobriety Test. However, you should know that if you do refuse to perform this test, the officer will most likely arrest you. You should always take in your surroundings and consider whether or not you are able to successfully pass a field sobriety test before you out right refuse.

3. Field Sobriety Tests are always an accurate measure of a person’s BAC level.
WRONG: Even the National Highway Traffic Safety Administration has said that people, even when they are sober, have difficulty correctly performing field sobriety tests. Several factors such as nervousness, fear, fatigue, weather conditions, leg/foot injuries, etc. can all have an impact on the results of a field sobriety test.

4. “Alcohol on the breath” is a reliable sign of alcohol intoxication.
WRONG: One fact that many people don’t know about alcohol is that it is actually odorless. What people are smelling when they perceive alcohol on the breath is the smell of the ingredients often included in alcohol. For instance, the breath of someone who has been drinking O’Douls Non-Alcoholic beer will smell the exact same as someone who has been drinking Budweiser. Therefore, breath odor strength estimates are completely unrelated to a person’s BAC level.

 What Should You Do?

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Minnesota DWI Myths - Part 2 (Explained)

There are myths, legends, tall tales and there are truths.  When it comes to monsters and whatnot - such stories are probably okay. But, I guessing that when it comes to you and your future - not so much - right?  Seriously, there are a lot of stories out there about DWI arrests.  Some are not so true, some are purely false and others ... I call myths.  As an experienced Minnesota DWI attorney, I've heard them all.  Today, I expose the myth and set the truth straight.

1.  If I am convicted of Drunk Driving, and I lose my license, I can get a restricted license.

Yes, and no. Believe it or not a conviction is not required to have one's driver’s license revoked for a period of time. In nearly every case, the Minnesota Department of Public Safety can, and does, revoke driver’s licenses without requiring a court conviction of an offense of Driving Under the Influence. In fact, should your blood, breath or urine test at (.08) or greater, your license will be automatically revoked without your ever having had appeared in court or before a judge. Know this too, even if your are ultimately acquitted of DWI (or the criminal charges are dismissed) your license revocation may still stand, since the procedures and rules of the DPS operate independently of the court system. Further, a restricted license is only granted under certain circumstances and specific times.  Each case is different.

TIP: By challenging a license revocation, your attorney can have some control over when your license will be revoked, rather than when the DPS or the arresting officer says it will happen.

2. Even if I am convicted of a Minnesota DWI, because of my excellent driving record, I will probably get probation, and not have to go to jail or do community service.

Your excellent driving record really won't amount to much - when it comes to an arrest for Drunk Driving.  No probation is possible, but in most jurisdictions every person who is convicted of such an offense must serve at least 2 days in jail, or must perform some form of community service. Often there are no exceptions.  And we're only talking about a 1st offense.  If you're on your 2nd or 3rd DWI - the mandatory minimums are much more onerous.  No exceptions, unless you agree to enter a long and costly alcohol rehabilitation program.

TIP: If you consent to treatment or some other form of rehabilitation you maybe able to reduce some of the often allotted periods of jail and community service.  As a former prosecutor, I know what the prosecutor and the judge would like to see on the record before they agree to leniency.  If you're looking for a break - you need someone to go into court and get it for you.

3. If I am stopped and arrested for DWI, I am as good as convicted.

This is an all-time favorite of mine because it hits upon a maxim I learned all to well as a former DA: All arrests do not lead to convictions.  Despite the attitude of many courts and prosecutors, there are defenses to the crime of Drunk Driving which should be raised by you or your experienced Minnesota Criminal Defense Attorney.  Sadly, there are law enforcement officers who are not above coloring the truth and are willing to "fudge" their interpretation of what lead to a DWI arrest.  Also, many of these same officers are just not qualified to administer the tests you're asked to take and/or they make mistakes when doing so. Now, if you just fall on your sword and plead guilty, you have a 100% chance of being found guilty. However, i you are willing to fight for your rights, and to contest the government's case, you will have the best chance of a satisfactory outcome.  (And get this, more often than not the outcome for for the arrestee does not get worse because they want to challenge the government ... so don't be afraid to stand up for yourself!)

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

What You Should Do!

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pepto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Call the Rolloff Law Office today to set up your free consultation.

No Means No? DWI Refusals (Explained)

A charge of DWI - Test Refusal is in many ways a lot like an arrest for Drunk Driving.  However, the crime isn't driving while intoxicated; rather, the offender is charged with refusing to submit to a test of their blood, breath or urine - at a time in which law enforcement has probable cause to believe they were driving drunk.

The difference may sound minor - to anyone but a lawyer - but the outcome quite serious.  Under the laws of the State of Minnesota, an officer can require someone to submit to a DWI test if the he has reason believe that the individual was driving while under the influence of alcohol.  This is Minnesota’s Implied Consent law.  (Believe it or not, by driving on a public roadway in the state you automatically consent to submitting to such a test if law enforcement proper cause.)  Refusing to take this test is a crime, which is often more severe than a regular DWI if you had in fact just agreed to the chemical test.

Why is a Refusal Worse than a Drunk Driving Arrest?

Initially, Test Refusal was a more lenient charge than a Drunk Driving - under certain circumstances.  However, those that came before us burned that bridge by refusing tests (to receive lower consequences than if they had taken the test) at a rate that caused the powers that be changed the law to make it equal to the most severe DWI you can receive under the circumstances.  Therefore,  today is very little incentive to refuse the test.


If it's a Crime, Why Do Individuals Still Refuse?

The most common excuse I've seen for not submitting a sample of one's blood, breath or urine for testing is because they're confused about the request in the first place.  If you've read this blog, you know that I often advise individuals to not talk with the police and refuse their requests for things like searches, providing statements and the like in order to protect their rights.  However, refusing a DWI test has the exact opposite effect - it imposes severe criminal liability. 

Prior to seeing the required sample, this is laid out quite clearly by the officer seeking submission to the test - when he recites the Implied Consent Warning.  However, that warning fails to explain that you also quite likely opening yourself up to harsher consequences than if you'd have go through with the test in the first place.

How Do You Fight This Charge?

Law enforcement can require submission to a test only if they have probable cause to believe that you've been drinking and driving.  So, the best way to avoid a charge is to prevent creating probable cause - don't drink and drive.  That being said, I am sure if you're reading this that ship has passed.  If you've been cited for Refusal - you need the assistance of an experienced Minnesota DWI Attorney. 

Not only will they fight to preserve your rights and your future.  They also will be able to discern whether someone actually refused.  That's right - often these cases come into being not because someone says "no" to the test - but rather because there are times that an officer assumes such a response.  If that's the situation in your case call The Rolloff Law Office today at (612) 234-1165.  I believe I can root out the holes in these assumptions and in turn get you the best outcome possible.