Scott County DWI Lawyer

If you have been charged with DWI in Scott County, take sometime to look at the following information and do not hesitate to seek immediate assistance from an experienced Minnesota Criminal Defense Attorney.

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

In the State of Minnesota, any blood alcohol level ("BAC") of .08 or higher could subject you to conviction. However, your driving skills are affected from the first drink of alcohol 0 ie., "buzzed" driving. 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?
Honestly, it is not the number of drinks alone that determines how high your blood alcohol levels are. Rather ... it’s more important to focus on how much total alcohol you have consumed over a certain period of time. 

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 could subject you to a more serious charge, that is easier to prove: Refusing to Test.  If you don't agree to take the test when you are stopped, your license may be revoked for at least a year.

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

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

Should I hire a Lawyer?

Believe it or not, this is the number one question I get.  To it, I usually say: If you are convicted of Minnesota DWI you could face harsh fines, license revocation penalties, jail time, and more. Because of these consequences, you might be making a big mistake if you took your situation too lightly! Get FREE ANSWERS today from an experienced Minnesota DWI Lawyer (and former prosecutor) Call The Rolloff Law Office at (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.

Arrested For Minnesota DWI Over the Holidays? (What To Do Next.)

If you were one of the many who hit Minnesota's highways and by-ways this past weekend, you probably noticed the increased police presence as part of the government’s Drunk Driving enforcement efforts.

Unlike other times of the year, these sorts of concentrated efforts to ensure safety have certain side-effects - such as that police officers are in the mindset to make arrests and thus make a high number of false arrests.

False Drunk Driving Arrests in Minnesota


The Minnesota DWI Attorneys at the Rolloff Law Office have fought many Drunk Driving cases and demonstrated that bad equipment, improper lab work and under-trained/over-worked police officers are all common causes for these problematic arrests.

As a former prosecutor, I know a good case from a problematic one.  With  my "inside knowledge of the government's mind-set and schemes, I offer a rigorous and thorough defense to protect the rights of my clients to get them the best possible results.

The Next Best Step

If you are one of the many people who were charged with a Minnesota DWI over the holiday weekend act now by calling (612) 234-1165.

You are entitled to a free detailed consultation - call today and I will explain the charges against you, review the evidence and help you chart out a course of action.

The Rolloff Law Office has the knowledge, experience and dedication to fight your case to the finish.

Minnesota DWI Questions - Answered

With the upcoming holidays, they'll be the opportunity to eat, drink and be merry.  If you do a little too much of either, you could subject yourself to the possibility of a ticket or legal charges.  Before you get your "ho-ho-ho" on, here are some things that you might want to keep in mind.  These are some of the frequently asked questions I get, as a Minnesota Criminal Defense Attorney.

1. Will I be able to get my case dismissed because I was not read my rights?
   Probably not. But if you were interrogated after being placed in custody, your statements cannot be used against you.
2. Will I go to jail?
   An experienced Minnesota DWI Attorney may be able to keep you out.
3. I had three alcohol related driving offenses within the past ten-years, what's going to happen to me?  The "look back" period in the State of Minnesota is 10 years.  If you've been found guilty of DWI and/or loss your driver's license as the result of a drunk driving arrest (within the past 10 years) each of those old arrest can be used to enhance the new charge you're facing.  If this is your 4th such incident in the past 10 years - you're no looking at the possibility of being charged with a Felony.
4. Am I a bad person, because I was arrested for a MN DWI?
   No, but you are well advised to never, never smell like alcohol while behind the wheel. You do not need to feel humiliated.
5. What if I burped within twenty minutes of blowing?
   The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem occurs with dentures.

What Should You Do?
My approach to handling my client's cases is informed by my previous experience prosecuting cases for the government.  That inside knowledge, of the government's schemes and motivations, has helped me win my clients the results they want --- not just what the State is willing to offer.  

If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer. Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.

Minnesota Property Seizures (Explained)

In addition to your freedom, your participation (true or not) in a crime could also result in the loss of your property. Investigations by the government can result in the forfeiture of your property, even if you are never charged with a committing crime.

According to the laws of the State of Minnesota, your property can be seized if:

• the seizure is incident to a lawful arrest or a lawful search;
• the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter; or
• the agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the property and that: the property was used or is intended to be used in commission of a felony; or
• the property is dangerous to health or safety.

What This Means to You

Well, if you're driving your vehicle and are stopped for a felony-level Drunk Driving offense or a drug charge, law enforcement can seize it.  If the government believes that you are selling drugs, they can take any cash they find if they believe it is intended to be used in the commission of a said crime. Almost any property that the cops believe is part of a crime, they can (and often will) take and keep it.

Common Items Seized

• Cash
• Weapons
• Cars or trucks
• Computers

In addition to this list, the government can order other items seized and forfeited; sometimes up to and including your home. Again --- anyhing they believe was used in the commission of a felony can be seized.

How Does This Happen?

The procedure the government use is quite simple and can occur without a heck of a lot of justification.  Rather, the burned in often up to the person whose property was seized to challenge the the taking. Worse, any decision on the property the government seized may be delayed months or years while any possible criminal case is pending.

What Should You Do?

What can you do? First, you must act within a very short period of time – often as little as two months – to work to get your property back. Then you have to take the case to court and challenge the government over what they took from you. Having an experienced Minnesota Criminal Defense Attorney help you through this process can make it much easier, and make it more likely that you will recover the things that were taken from you. If you've had property seized, call the Rolloff Law Office today and see what they can do to help you recover it.. Call today - (612) 234-1165 -  to schedule a free consultation.

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.