Stopped For a Minnesota DWI? (Explained)

As I am sure you're aware --- Minnesota Police Officer are focused on DWI enforcement  - often to the exclusion of all other offenses.  So... what does that mean for you, right?

Everyone knows weekends mean more celebrations... going out, etc, and that means more police on the roads. It's no secret -- the news even reports on it. So how do you stay out of trouble?

The first and best way to avoid a Drunk Driving Arrest --- and a call to an experienced Minnesota DWI Attorney is, of course, to avoid driving while impaired. You can:

Use a designated driver.
Call a commercial designated driver program if you have had a few too many (in the Twin Cities, services like Drink and Drive Intelligently (651-338-1425) or Dry Drivers (651-491-9363) provide you AND your car a ride home). 

Know your limits. 

B.A.C. Calculators can help you estimate whether you would fail a breathalyzer. 

Be safe.
Failing that, what happens if you get pulled over for Driving Under the Influence? 

What should you do, and what should you not do?

DO

• DO be polite and courteous with police. You will NEVER help yourself by being rude or especially assaulting police.
• DO take a breathalyzer test if requested. Minnesota is an "implied consent" state, which means it is a crime to refuse to submit to a breathalyzer. In fact, the penalties for refusing to take a breathalyzer test can be more severe than driving drunk. In almost all circumstances, you are better off taking the breath test, even if you think you will fail it.
• DO pay attention to the officer's name and, if possible, badge number.
• DO sign a traffic citation if you receive one. Signing a traffic ticket is just agreeing that you received it; it is not an admission of guilt.
• DO write down your own version of what happened as soon as possible. It will help you remember later and may help you if your case goes to trial.
• Finally, DO call a lawyer immediately if you are arrested, and refuse to answer any questions other than your identifying information.

DON'T

• DO NOT, ever, verbally or physically assault a police officer. This will subject you to much more serious charges.
• DO NOT lie to police officers. Again, this is far more likely to land you in greater trouble than it is to get you out of it.
• DO NOT answer any questions about your evening or how much you have been drinking. You have a right not to answer questions. Exercise it.
• DO NOT sign anything except a normal traffic ticket.

By following these steps, you can keep yourself out of trouble, or at least, keep the trouble you are already in from getting worse. Be safe this weekend.

Minnesota DWI Arrest (What Should You Do?)

As a Minnesota Criminal Defense Lawyer --- the cases I get the most questions about (and the number of cases I work on most are Drunk Driving charges --- combine that with my experience as a former prosecutor and you can be assured I know a little something about this dilemmas.  Here are some answers to the most common questions:

WHAT TO DO IF STOPPED BY THE POLICE FOR A MINNESOTA DWI?

1. BE POLITE (The officer is the Judge at the side of the road;)
2. DO NOT SUBMIT TO ANY FIELD SOBRIETY TESTS, INCLUDING A HAND-HELD PBT;
3. SUBMIT TO A BREATH CHEMICAL TEST (A REFUSAL TO SUBMIT WILL LEAD TO A WHOLE NUTHER CHARGE;)  
4. NEVER SPECIFY AN AMOUNT OF ALCOHOL THAT YOU HAVE CONSUMED.

IF YOU HAVE BEEN ARRESTED - WHAT THEN?

You next best move is to call the Rolloff Law Office - at (612) 234-1165.  The sooner you get a lawyer on board, the better your chances to earn the best possible outcome for your case.  

Finding a Minnesota Criminal Defense Lawyer

It is unfortunately not always easy to find a good Minnesota Criminal Defense Lawyer. Here are some suggestions:

Referrals - It may be possible to find a criminal defense lawyer from somebody who is familiar with the lawyer's practice. For example, if you regularly work with a lawyer or law firm, that lawyer may be able to suggest a competent criminal defense lawyer in your area. If your county is served by a public defender's office, sometimes a defender's office will be willing to suggest a competent are defense lawyer. If you have a friend or family member who has been in trouble with the law, that person may be able to make some suggestions.

Courtroom Observation - You may wish to sit through some public sessions of court while criminal cases are being argued. If you find a particular lawyer's performance to be impressive, you may take note of the lawyer's name and later contact the lawyer about the possibility of representing you.

Professional Organizations - Each state, and some major cities, have organizations of criminal defense lawyers. Some of those organizations offer referral services or online directories, which you can use to find a defense lawyer in your area.

Directories - There are a number of online directories which include criminal defense lawyers, including Lawyers.com and FindLaw.

You've Found a Lawyer; Now What?

After you have located one or more attorneys whom you wish to consult about your case, call them to schedule appointments. (Find out at that time if they offer a free initial consultation, or if you will be charged for the meeting.) Try to speak with an experienced Minnesota Criminal Defense Lawyer over the phone before scheduling the appointment. Ask about the lawyer's general experience with criminal defense, and any specific experience with cases like yours.

Trust your instincts - if you aren't comfortable with an attorney you consult, try a different office. You do not have any obligation to hire a lawyer merely because you consulted with that lawyer. If your lawyer is promising you that your case is easy, or makes promises that you won't go to jail, speak to other lawyers before signing a retainer agreement - some lawyers misrepresent the gravity of a defendant's situation or the complexity of a case in order to entice the defendant to pay a retainer, and then blame the judge or prosecutor when the rosy scenario they initially promised turns out to be a nightmare.

What can it hurt to at least speak to a lawyer?  Many, like myself, offer a free consultations in order to gather facts concerning your case. Seriously, there are usually one or two key points I like to know in order to determine if you have a chance of beating a traffic ticket in court.

Sure, I can't guarantee that you will be able to have a traffic citation thrown out in court - or that the  Nor can fine will be reduced to zero. However, having had been a prosecutor myself - I have a lot of experience in using that "insider's" knowledge to earn my clients the outcomes they're seeking.  Call the Rolloff Law Office today to get FREE answers: (612) 234-1165.

What to Expect From Your MN DWI Attorney (Explained)

If you find yourself at the mercy of the criminal justice system, charged with Drunk Driving, you probably already know you are in some pretty serious trouble. It’s not just the (all too often) mandatory jail that should scare you, but the mandatory fines and fees (typically approaching $1500) and the loss of driving privileges (up to 90 day driver’s license suspension on a first-time (misdemeanor) offense) that really adds insult to injury. If you find yourself charged with a Minnesota DWI you need to get a great Minnesota Criminal Defense Attorney – but what should you expect from them? Hopefully after you read this post you’ll have a better idea of what we can do for you.

A Minnesota Drunk Driving Lawyer is Not a Miracle Worker
If you are hiring The Rolloff Law Office (or any --- ANY --- lawyer) to come in and represent you on your Drunk Driving arrest and you’re expecting to walk away, and you’re going to be disappointed if you don’t, you are setting yourself up for disappointment. I hate to say that, but it’s impossible to guarantee a victory when you are charged with a DWI. There are bunch of reasons why, but the first and foremost reason is that the deck is stacked against us from the get go.

Any experienced Minnesota DWI Lawyer that you talk to that tells you he’s won more cases than he has lost is either lying to you or he hasn’t had that many cases. These things are hard to win. The laws are set up against you. If you want a great outcome, you’ve got to be willing to fight.

Your DWI Lawyer Should Fight Hard for You
If I would ever find myself charged with a Minnesota DWI (and trust me when I say one never knows when something like this could happen – even if you’ve had nothing to drink) there is one thing I would want to from my lawyer – when the case is over, I want to feel like we gave it everything we had, that we tried our best to win.

Fighting a Minnesota Drunk Driving arrest is a lot like playing a game of basketball against a team that is allowed to play with 7 players to your 5 and has the rules set up so that every time you try anything it’s a foul and any time the other team throws up a shot it goes in the basket. Those are the kind of odds we’re facing. The only way to win in a situation like that is to put your head down and outwork and out hustle the other team. Having that kind of advantage makes you lazy and prone to mistakes. By fighting hard you can create and take advantage of some of those mistakes.

(Maybe you're asking how I know these things - well --- if you've read my bio you know that I cut my teeth on the other side of the aisle.  Yes --- you go with me, and you're hiring a Minnesota Criminal Defense Attorney who learned the game from the inside - as a former prosecutor.) 

Who You Going to Call?

If you or someone you love needs help with a legal issue - like a Minnesota DWI - if you work with the Rolloff Law Office you'll be guaranteed unparalleled access to us, unparallelled effort, and unparalleled excellence. We fight the good fight. We go down swinging. We leave everything on the floor. If you need a Minnesota DWI attorney, please give us a call: (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 Implied Consent Law (Explained)

Believe it or not - any individual who chooses to drive, operate, or be in physical control of a motor vehicle is assumed to have already consented to a breath, urine, or blood test to determine the presence of alcohol or hazardous or controlled substance in the body.  (See ... the things you probably didn't know that you didn't know --- this is why you need to speak to a Minnesota Criminal Defense Attorney.)  This chemical test is administered only after a police officer has established that there is probable cause to believe a Drunk Driving violation has occurred and that the person has been subsequently placed under arrest.

When is Probable Cause Established?
Probable cause exists only after a police officer reasonably suspects an impaired driving violation by observing impaired driving behavior.  This is usually accomplished when the officer observes any erratic driving conduct prior to the traffic stop. It can also be effectuated after the officer stops a driver - in their subsequent interaction.  (Here, the cop is looking for slurred speech, bloodshot watery eyes and the accused's overall appearance.) The officer will also critique the driver’s performance on some Field Sobriety Tests. Generally, after these tests a thorough officer will ask the driver to perform a preliminary breath test ("PBT") test to confirm his belief of impairment.

If an officer believes that probable has been established, the officer may then place the driver under arrest and (only) after reading the Minnesota Implied Consent Advisory, request an evidentiary breath, urine, or blood sample.

The officer is required to read the advisory - explaining that the test is mandatory, refusal to take the test is a crime, and the driver has the right to consult or speak with an attorney before agreeing to take the test. The individual is given a “reasonable period” of time under the “totality of circumstances” standard to contact an attorney.

Blood or Urine?

It is the officer that decides whether to administer a breath, urine or blood test. The Minnesota Bureau of Criminal Apprehension (BCA) analyzes blood and urine samples and forwards the results to Minnesota Department of Public Safety (DPS).

If a driver is asked to take a blood test - the individual can refuse - and the officer has to be afforded him or the chance to take breath or urine test.  That right to refuse also extends to urine - meaning that you can say "no" and the officer has to offer blood or breath.  (The rational is that some individuals are adverse to needles and they shouldn’t be charged with the crime of refusal simply because of this fact. The same rational applies to those who are offered a urine test, but for some reason are not able to physically urinate at the time.) However, if you're offered a breath test - you are required to do as much - or you do subject yourself to possible legal consequences.

What Should You Do?

My suggestion to anyone facing a legal dilemma is "talk to a lawyer."  Honestly, you only get one chance (all too often) to take on these things.  Get the answers you need to make the next right decision - your future could depend on it.  Call the Rolloff Law Office today at (612) 234-1165 to set up a FREE Consultation.