Consequences of a MN DWI Arrest/Conviction

Getting a DWI is nobody's idea of a good time.  These are some of the things that might happen to you.  

Financial Consequences

In addition to the fine imposed in a conviction for a DWI there are a myriad of other financial consequences:

• Loss of job / loss of professional license — invaluable;
• Costs of alternative transportation — hundreds, maybe thousands;
• Vehicle Forfeiture; 
• License reinstatement fee — currently $680;
• Alcohol assessment fee — $300–$1,000;
• Probation / Jail fees — 100s;
• Increased automobile insurance costs — thousands over the course of the following decade;
• Increased life insurance premiums.

Administrative Consequences 

The following administrative consequences follow an arrest for DWI.  An experienced Minnesota DWI Lawyer can challenge these consequences in a civil judicial hearing that is independent of the criminal proceedings. The administrative consequences of a DWI have complicated and critical timing requirements.  A knowledgeable Minnesota attorney can help you navigate this process and avoid avoid these harsh administrative consequences.

License Revocation

Following an arrest for a DWI and/or a test failure or test refusal --- your drivers license will be automatically revoked. The revocation period will depend on variety of factors: (a.) your prior DWI history, (b.) your BAC, (c.) your age, or other aggravating factors. Depending upon your circumstances --- you may be able to obtain a limited license for driving to work, school, or abstinence based support groups.

License Plate Impoundment

License Plate Impoundment is a particularly harsh administrative penalty.  Depending on your history and the circumstances of your arrest, your license plates may be impounded.  Your plates may be impounded if:

• if the driver has a BAC of .16 or greater;
• if the driver has a prior DWI or alcohol-related driving offense within the previous 10 years;
• if there was a passenger under the age of 16 present in the vehicle; or
• if the driver was driving after his/her license was cancelled, regardless of alcohol impairment.

The vehicle used in the offense is subject to plate impoundment as well as any vehicles jointly owned by the driver.  “Whiskey” plates (plates beginning with the letter W) may be obtained (at an additional cost) if the driver(s) of the vehicle(s) has a valid license.

Vehicle Forfeiture

Vehicle Forfeiture is the most severe administrative sanction.  Under Minnesota law, a prosecutor may seize the motor vehicle used in the commission of a first or second degree DWI or test refusal, a DWI offense while the driver’s license is cancelled as inimical to public safety, or a DWI offense while the driver’s license is subject to a no use provision (B-card).

A vehicle can be seized immediately upon the driver’s arrest for one of the above qualifying offenses—regardless of whether the driver was the lawful owner of the seized vehicle!  Upon seizure the police must provide the driver and owner with a seizure notice.  Minnesota law presumes that the vehicle seized is subject to forfeiture.  In order to prevent forfeiture, the driver must take judicial action in civil court.

The administrative consequences of a DWI arrest are complicated.  A knowledgeable Minnesota defense attorney can assist you in avoiding or limiting these harsh consequences.

Other Consequences of a DWI Conviction

A DWI conviction may also result in the loss of a professional license.  And of course a conviction will make it more difficult to obtain employment—especially for any position that may require the use of a vehicle as part of your regular duties.

The Rolloff Law Office can help you evaluate your case and improve your odds of avoiding the harsh consequences of a DWI conviction.  Call today: (612) 234-1165.  

How to Pass Field Sobriety Tests?

As an experienced Minnesota Criminal Defense Attorney, I am frequently asked questions about Drunk Driving.  A lot of people want to know:

How to pass the field sobriety tests that the officer gives - to determine if you are intoxicated.   Sadly --- here’s the secret: literally nobody who takes field sobriety tests ever passes.

Why?


Here's the reality of this situation: The officer administering the tests makes marks on a score sheet every time he observes something the officer wants to note. Each mark is more proof to support probable cause. No particular number of marks indicates a fail. Instead, each and every mark indicates one (or one more) indication of impairment. Then those marks, whether one or twenty, are included among other factors in a “totality of the circumstances” assessment of whether the officer had probable cause to arrest you.

Minnesota courts have held that even one of many ephemeral and subjective “clues” is enough to arrest, including “bloodshot, watery eyes,” “the odor of consumed alcoholic beverages,” or “an uncooperative attitude.” The rest is just more “evidence” to make the determination of probable cause stand up in court. Once you agree to step out of the car, the officer will note that you used the door or door frame to steady yourself (because nobody plants their feet and stands up without grabbing something). Anything you do from that point on, a walk-and-turn test, an eye test (Horizontal Gaze Nystagmus), or a one-leg stand, will simply add marks to support the probable cause finding.

Here’s the Secret

Don’t take them. You don’t have to stand on one leg, follow a pen-light with your eyes, or walk an imaginary line. You don’t have to blow in the PBT, the roadside breath test, although it is a crime, usually, to refuse the breath test at the police station. And you are not going to perform your way out of an arrest.

Feel free to call and set up a No-Cost Consultation - NOW - if you have questions for The Rolloff Law Office: (612) 234-1165

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

MN Mandatory DWI Sentences (Explained)

 
Minnesota's DWI Laws are some of the toughest in the nation.  And, although a judge might have some discretion as to what your punishment will be --- an experienced Minnesota Criminal Defense Attorney can help get you out of some of the most serious consequences - including some of the "mandatory" conditions.   

BTW, this dog was NOT arrested for a DWI.  But, if he was ... I'd suggest he get FREE ANSWERS from a good lawyer.

Mandatory MN DWI Sentences

If you are a repeat Minnesota DWI offender (within ten years of a past conviction,) there are "mandatory" minimum sentences that judges are "required" by state law to impose.

One thing you need to know ... in the eyes of the Minnesota DWI law, the term “incarceration” can mean more than just jail.  It can also include: remote electronic alcohol monitoring (REAM) or home detention (EHM). 

Here are the "mandatory" sentences the courts are require to impose for repeat offenders:

Second Offense In a Ten Year Period:  A judge must sentence the offender to 30 days of incarceration with minimum of at least 48 hours of time in a jail or workhouse.  

Third Offense In a Ten Year Period: 90 days incarceration minimum --- with at least 30 days of incarceration - served consecutively in a jail or workhouse.

Fourth Offense In a Ten Year Period (a Felony): 180 days incarceration minimum– At least 30 days of incarceration must be served consecutively in a jail or workhouse.  

 
If you or someone you love has caught a DWI charge, you can contact the Rolloff Law Office to learn you options ... and find out how to beat these "mandatory" conditions.  Call today to set up your fee consultation: (612) 234-1165

Should I Hire a Minnesota Criminal Defense Attorney?

 

Let's hope you never need to ask yourself this questions: Do I Need to Hire an Experienced Minnesota Criminal Defense Attorney?  If you are pondering as much, maybe you should read this. 


Question #1

I have been arrested for a crime, should I go ahead and plead guilty to get it over with?

Answer: Being charged with a crime is serious and should be addressed as such.  One suggestions: do not plead guilty in an effort to just "get it over with." This strategy can lead to more severe consequences - in the short & long terms - than you'd often get. Even if you ultimately do want to resolve your case by entering a plea --- it is important that a lawyer is there to tell you if your punishment is fair. Also, depending on the type of crime you have been accused of, substantial jail time could be a penalty, as well as huge fines, asset forfeiture, and lifelong consequences. Pleading guilty without knowing all of this could leave you in a position that you had never thought possible.

Questions #2

Why should I hire a Minnesota criminal defense lawyer?

Answer. If you have been accused of a crime, the government has virtually unlimited resources to prosecute you. Whether that is a team of lawyers, scientists, law enforcement officers, crime scene technicians --- they will all be out to hold you accountable.  When you hire a skilled Minnesota Criminal Defense Lawyer, you are presented with the opportunity to fight any/every allegation against you. A skilled attorney can help guide you through what can be a complex and confusing legal system. 

Question #3

When should I hire a lawyer?

Answer. Time is of the essence.  It is important that you hire a lawyer as soon as possible. The moment you are arrested or caught up in an investigation, you need to make the call.  Whether it is three in the morning (or afternoon,) make sure to call an experienced attorney as soon as possible.

Question #4

Do you guarantee the outcome of my case?

Answer. Unfortunately, it is impossible to ensure results. As a matter of fact, it is against the rules for any attorney to guarantee the outcome. However, as a former prosecutor, I can promise that by hiring the Rolloff Law Office, you will get somoen to fight for you ... who will put in the work necessary to gain you the right result. 

Question #5
 
What does a criminal defense lawyer do for me?

Answer. There are several things that your lawyer can do for you:

• Provide representation while your case is being; investigated --- to maybe prevent criminal charges
• Challenge the evidence at a Pre-trial;
• Formulate a defense that could result in the charges being reduced or being completely dismissed; and
• Negotiate with the DA to work out the best possible outcome

Convicted of a Minnesota DWI - Denied Entry into Canada?

If an individual is convicted of Minnesota DWI, an experienced Minnesota Drunk Driving, Criminal Defense Attorney can help fill out forms necessary to circumvent the general rule to exclude certain people from entry - click here) to submit to the Canadian government to get a waiver or “pardon” from the ban to entry in Canada.  

If you are not granted a waiver or “pardon” then you may not enter Canada for five-years after the completion of your sentence (not five-years after you were sentenced). That means five-years after you get off probation!  

You will need to bring certified copies of your court papers with you to the border to prove that you have completed all the conditions of your sentence including fines, alcohol classes, probation, etc.  A person barred from Canada because of a c criminal convictions can also apply for a Temporary Resident Permit.  

All of these forms of relief (a pardon, temporary resident permit, etc.) require high application fees and a long waiting period to see if they are approved or not.  

Given the complexity, long waiting periods, and application fees and attorneys fees involved in trying to get relief from a ban on traveling to Canada because of a DWI conviction in Minnesota or elsewhere in the U.S.,the best thing to do is to hire an experienced Minnesota DWI Defense Attorney to help you keep a criminal conviction off of your record and preserve your ability to go to Canada whenever you want.

You probably have a lot of questions --- feel free to The Rolloff Law Office (now!) to discuss your case: (612) 234-1165.

Criminal Vehicular Operation (Minnesota)

  

What might have begun as a fun night out celebrating the holidays could turn into a nightmare if you injure someone while driving while under the influence (of drugs or alcohol) or are otherwise accused of being negligent while driving.

While vehicular deaths and/or manslaughter might seem like low-level offenses ... becasue of their "accidental" nature, the courts see it differently ... this is why you should consult with an experienced Minnesota Criminal Defense Attorney.  

See, the state sentencing guidelines for vehicular homicide and vehicular manslaughter include a possible prison sentence of up to seven-years as well as huge fines and lengthy license revocations. You might also be subject to life-long employment and insurance problems can also result.

What is Criminal Vehicular Operation?


Vehicular homicide and vehicular manslaughter most often occur when: 

• drivers have prohibited substances (like drugs - illegal and perscribed) in their blood; or 
• drivers with over-the-limit levels of alcohol in their blood injure or kill people while driving. 

Hit-and-run violations and driving with a revoked license can also increase the level of the violation and possible punishment.  

Considerations

Who Caused Accident: On e effective defense is challenging the assumption that the substance in question actually lead to the personal injury or property damage in question. As an example, if a driver hits a pedestrian --- who suddenly stepped in front of their car --- you should be able to argue that, but-for that negligence, you would have not hit the pedestrian ... regardless of your alleged blood alcohol or drug levels. 

Tests: Another ripe for consideration ... and can lead to a dismissal ... is whether the accused's rights were violated when the sample of their blood, breath or urine was taken.  Or, as you have probably read ... blood, breath and urine tests can be inaccurate. I am familiar with the tests used by the Minnesota Bureau of Criminal Apprehension and can work to discredit the results in your case.
  

If you have been accused of vehicular homicide and vehicular manslaughter, you can fight your charges ... your fate is not set in stone.  The Rolloff Law Office has proven, time and time again, that these matters can be fought - successfully.  We are available all-day, every-day to talk to current and prospective clients. Call us today, for a FREE CONSULTATION, at (612) 234-1165.  

Minnesota DWI - Filed Sobriety Tests (Explained)

A Minnesota law enforcement officer, after pulling over a driver for suspected of drunk driving, will usually say something to the effect of “I need to have you step out --- and do a few tests to make sure you are okay to drive."

The sad truth is, the driver is (usually) not told that he/she has the option to refuse those tests.  

Filed Sobriety Tests (The Truth)

Almost always, the purpose for the Standardized Field Sobriety Tests (SFSTs) is to gather evidence against you to be used at trial --- not to "prove" that you are not under the influence. 

Here's what you need to know: there are (at least)  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 an experienced Minnesota Criminal Defense Attorney gets the test kicked out? The government 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 SFSTs. 

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. 

If you do not perform the tests ... especially if you decline to offer of a sample of your breath (on the side of the road for the the preliminary breath test (PBT) ... the officer can place you under arrest, transport you back to the police station and ask you give a sample of you blood, breath or urine.  

You have no duty to make the cops case for him. 

If you need help with a DWI arrest, contact the Rolloff Law Office for FREE ANSWERS.  Call today: (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.

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.  

Dakota County DWI Questions

As a Minnesota Criminal Defense Attorney I get a lot of questions ... lots and lots of questions.  Here are some answers to the most frequently asked about Drunk Driving arrests.

What is BAC? 

Your BAC ... or blood alcohol content ... determines whether the government charges you with a DUI ... and at what level. In Minnesota, the BAC limit is (.08). If your BAC is (.08) or higher, police may arrest you for driving under the influence, or DUI. You may also lose your license.

What is an ignition interlock device? 

Ignition interlock is a device is used to monitor the behaviors of convicted drunk drivers --- attached to your vehicle. It requires the driver to provide frequent breath samples in order for the engine to start --- and for the vehicle to continue to operate.  According to state law, drivers whose licenses are canceled and whose privileges are denied as “inimical to public safety” are required to enroll in the Minnesota Ignition Interlock Device program in order to have their driving privileges reinstated.  Having this device in your vehicle can also help you to get back on the road sooner ... not having to have to wait-out the license revocation period.

Will I go to jail for my first DWI? 

Safe answer: It depends.  However, based on the facts of your case, you can avoid that shame.  A lawyer can help you, if the government is pressing for jail, help to negotiate an alternative too. 

Do I really need a DWI defense lawyer? 

No.  However, it can't hurt to talk to one ... or even hire one so as to increase chances of having the charges against you reduced or possibly dropped. 

Get answers to YOUR questions.  Schedule a FREE CONSULTATION with the Rolloff Law Office.  Call: (612) 234-1165

Dakota County DWI Lawyer (Explained)

Dakota County DWI cases are serious matters and it is important to consider having a hard-hitting Minnesota Criminal Defense Attorney help you avoid a conviction and the harsh penalties that accompany it. 

What You Should Know

There are two court proceedings that follow a Minnesota DWI arrest, one is the criminal proceeding that has to do with any jail time, fines and penalties for the conviction. The other is the civil proceeding, which is the process that determines whether or not you will suffer a loss of driving privileges, license plates and/or your vehicle. This generally occurs through an implied consent/forfeiture hearing in the State of Minnesota. At these proceedings, you need an experienced Minnesota DWI attorney to protect your rights and fight against the charges. There are several defenses that can be made on your behalf in a DWI case. One key method of defense is challenging evidence and procedures, questioning all of the following issues could lead to a dismissed case:

• Was there reasonable suspicion for the police to pull the driver over?
• Was the driver driving or operating a vehicle?
• Was there probable cause for an arrest?
• Did the officer explain the implied consent law and the potential consequences for test refusal?
• Did the accusedt actually refuse the test?
• Were all field sobriety and chemical tests administered properly?
• Were any of the driver's rights violated?

A skilled Dakota County DWI lawyer may be able to find the flaws in the case and challenge any evidence gathered against the defendant. This can help you in protecting your driver's license and also help with avoiding the serious penalties that follow a DWI conviction. 

If you have been arrested for DWI in Dakota County, contact the Rolloff Law Office.  I am a former prosecutor who has worked thousands of cases like this.  Call (612) 234-1165 to set-up a free case evaluation.

Minnesota DWI Effects (Explained)

Many of my clients are anxious to know how a DWI conviction will effect them, and for how long. The concern is that it not only limits your ability to drive --- but it also impacts your employment opportunities, effects insurance rates, carries with it a social stigma, gives you a criminal record, and acts as a "prior" for future DWI charges (heaven forbid.)  As a former prosecutor, and (now) as an expreienced Minnesota DWI Attorney, I have worked on thousands of case ... no two are ever the same, but one thing satys the same: A good defense can help clear the path for less problems in the future.

What You Need to Know

In Minnesota a DWI conviction will stay on your record for life ... and over the next 10 years (after such a conviction goes in against you) it can really cause problems.  Example: a second DWI within that 10 year period dramatically increases the penalties (criminal  and civil) you face if convicted again, and a fourth DWI within the 10 year period is a felony, punishable by sending you to prison.  
I have been successful in negotiating with prosecutors to reduce a DWI charge to a Careless Driving or even a non-alcohol related Reckless driving conviction under certain circumstances. (A lot of this depends on the facts of your case ... but, there is a good amount of wiggleroom (and things you can do to be the person worthy of such a result) but when it happens, it reduces the time a conviction may stay on your record ... even affording you a chance to have the matter Expunged.)  I can also help you to be able to help you keep your drivers license, and lessen the impact on your insurance.

If you want to avoid having a DWI on your record for life, call the Rolloff Law Office to schedule an appointment. I will review the facts of the case and see what if any negotiations can be done to reduce your conviction. Call to set up a free consultation: (612) 234-1165

Minnesota DWI - Costs (Explained)

Which is more expensive: a cab ride from your favorite watering hole to your home -or- a DWI arrest?

Although it might not be so clear to someone one - after they've been out with friends enjoying a couple of cocktails - the answer almost always is the DWI arrest. Well, that is unless your favorite bar is in someplace like Chicago and you live in Minneapolis; but, in nearly every other case - allowing a cab driver to to chauffeur you home is going to be cheaper than paying to clean up the financial mess that a DWI will inevitably create.

How messy could it get? 

1. Fines & Court Costs - Depending on the level of offense, you can expect to pay a $3,000 fine, nearly $700 to get your driver's license back. Also, if your sentenced to time in jail - there's a cost there too.

2. Alcohol/Drug Evaluation & Treatment Program - If you are sentenced to serve time in custody, you may be able bargain to do so in your home; however, that could cost you because often alcohol-monitoring is part of the equasion. A Plus, unless you have decent health insurance, expect to pay for your own treatment - if it's ordered.

3. Ignition Interlock Device - An additional device might be necessary to get back on the road ASAP.  Guess what --- it is expensive.  Including, not only, an installation fee --- but there's also a weekly cost.

5. Alcohol Monitoring System - The court may order you to wear a SCRAM alcohol monitoring device if they feel you have a serious drinking problem and are likely to be a repeat DUI offender. This can also add significantly to your DUI costs.

5. Bail - This can range from $0 to $12,000 depending on whether there was an accident/injury, what your BAC level was at the time of arrest, and whether or not you use a bond service.

6. Towing - Some cities realize that towing expenses for those arrested for DUIs are a real money spinner, and have raised fees to extortionate levels. In some cities you can expect to pay a lot to get your car back and money everyday they hold your vehicle.

7. Insurance -  Perhaps the most serious financial consequence of a DUI/DWI conviction is the affect on a driver’s car insurance premiums. Some insurance companies will drop you altogether simply for being arrested for DUI. Others will refer you to their “high-risk” insurance department after you have been convicted where you will need to take out what is known as SR-22 insurance. Typically SR-22 insurance will run you 40-100% more per month than standard insurance. Factor in that you will need to pay the inflated premiums until you get you good-standing back with the DMV (normally 3-7 years), and you are looking at a huge added out-of-pocket expense as a result of a DUI conviction.

8. License Reinstatement Fees -  In Minnesota, the cost to get your license reinstated after it has been revoked is almost $700.

9. Other Fees You May Encounter - Here are just a few of the miscellaneous fees you may come across depending on the jurisdiction in which you were charged:

• Jail Fee
• Victim Assistance Fund payment.
• Chemical Dependency Evaluation
• Probation Fee
• Victim Impact Panel assessment

10. Unexpected Costs -  Other indirect costs that can have a serious effect on your wallet include:

• Increased life insurance premiums
• Time off work
• Loss of job/inability to advance in career due to background check/lack of security clearance
• Loss of professional license, for example, if you are a doctor, pilot, stockbroker, or military personnel
• Depression/anxiety/lack of motivation

and...

11. Legal Fees -  Although hiring an experienced Minnesota Criminal Defense Attorney is entirely up to you, it is advisable to meet with someone to discuss your case, especially as many offer a free initial consultation. After you have met with a few different lawyers, you may decide that your case is strong enough to fight and that the best course of action is to retain an experienced attorney.

If you are someone with a significant amount to lose from a conviction, say if your professional status is at stake, it may well be worth your time and effort to talk to the Rolloff Law Office.  Call today to set up a FREE CONSULTATION: (612) 234-1165.

Minnesota DWIs (Explained)

A DWI or DUI is, for many people, their first and only encounter with the criminal justice system. Believe it --- even for a first offense - the stakes are high in every drunk driving case, and it's not just because of the threat of jail time or harsh fines. In the State of Minnesota, your driver's license will likely be revoked after a DWI arrest, severely limiting your mobility. This can spill over into every aspect of your life, from employment to relationships with friends and family. Under certain circumstances, the state may even take your vehicle. An experienced Minnesota DWI Attorney can provide you with aggressive representation.  Believe it or not, I get lots of questions about Drunk Driving consequences --- here are some insights.  

Driver's License Revocation

If you have been arrested for a DWI --- you have to act fast.  You only have 30 days from the Notice of Revocation to challenge the loss of your driver's license. This is called an Implied Consent Hearing and is a separate case from your criminal DWI case. If this is your first DWI, your driver's license is suspended for up to 90 days if your test result was between .08 and .15. If this is your first DWI and the test result was greater than .16, or you refused the blood, breath or urine test, your license will be suspended for 1 year. If you have a prior DWI within 10 years, or there are other aggravating factors, your driver's license may be suspended even longer. Depending on the circumstances, you may be eligible for a limited driver's license (work permit) or full driving privileges with the Ignition Interlock. 

Penalties
If this is your first DWI and the test result was greater than .08 and lower than .20, it is usually charged as a misdemeanor. This is a crime punishable by up to 90 days in jail and a $1,000 fine. A gross misdemeanor would be charged if this is your second offense within 10 years and is punishable by up to one year in jail and a $3,000 fine. The minimum sentence under the law for this case is 30 days in jail. A gross misdemeanor can also be charged if your test result was greater than .20 or if you refused the test. If this is your third offense within 10 years, although this is still a gross misdemeanor, it has a minimum sentence of at least 90 days in jail. A fourth offense in 10 years is a felony and has a maximum penalty of seven years and a $14,000 fine with a minimum sentence of 180 days.

Whether this is your first DWI charge or you have received a prior conviction, it is extremely important to contact an experienced qualified Minnesota Criminal Defense Attorney as soon as possible. You should also know that a DWI is an enhanceable offense, meaning that the penalties increase exponentially for subsequent arrests of a same or similar nature.

The penalties are harsh enough after a first offense, but if you have a prior DWI or DUI conviction within 10 years, you could be facing a mandatory jail sentence. At the Rolloff Law Office, we treat every case as if our clients' lives depend on it. Contact a qualified DUI attorney for a free consultation. We will give you an honest and realistic assessment of your case and help you decide how to proceed.

We provide aggressive representation for the following DUI and DWI defense issues:

Felony DUI/DWI
Aggravated DWI/DUI
Vehicle forfeiture
Snowmobiling while intoxicated
Boating under the influence
Implied consent hearing (license revocation)

And, I offer free Consultations.  Call today: (612) 234-1165.  

Minnesota DWI Costs (Explained)

If you're reading this, likely you know that alcohol can impair your ability to safely operate a vehicle. Beyond the dangers of operating your vehicle under the influence (and the fact that you can go to jail if arrested) there are other HUGE costs of a Minnesota DWI conviction that you may have never thought of.  Meaning - in addition to being quite upsetting to your family and loved ones - you can also put your job in peril because some employers have clauses in their employee contracts that set out that a conviction for DWI can get you fired --- this is particularly true if driving a vehicle is one factor of your ongoing employment.

An experienced Minnesota DWI Lawyer should be able to explain to you that yet another hidden cost of a DWI conviction can be the difficulty in getting your license reinstated. Oftentimes after a lengthy suspension period (sometimes up to three years), you can have your license reinstated, but the fees are often cost prohibitive for some individuals. 

There are even more potential hidden costs to a Minnesota DWI conviction such as:

• The cost of incarceration/ work release/ electronic home monitoring;
• Treatment (at your cost;)
• Increased cost of health insurance; and
• Being prevented from entering foreign countries (ie., Canada;)

The extent of these hidden costs highlights how important it is to find an experienced Minnesota DWI Lawyer in Minneapolis with the experience, knowledge and dedication to help you with your charge. The Rolloff Law Office has experience from both sides of the aisle that we will put to work for you. As your Minneapolis Criminal Defense Attorney, I will bring my education, experience and compassion to your case to earn the best possible outcome.

How to Beat a Breathalyzer (Explained)

As an experienced Minnesota Criminal Defense Attorney, I've been asked about and/or heard stories about someone who was able to pass a breathalyzer test by doing something crazy like sucking on a penny or by eating right before the test.  Sure, there are all manner of urban legends out-there when it comes to beating a breathalyzer test, but are any of them true --- Is it possible to lower one's blood alcohol ("BAC") reading?  Let's see... 

Claim #1:  Sucking on a penny before taking a breathalyzer test will throw off your BAC.

Fact or Fiction:  Fiction.  Breathalyzers measure BAC by passing an infrared light wave through your mouth and measuring the drop in intensity of the light.  Sounds complicated, but it’s a system that prevents other residues, like copper and zinc in a penny, from throwing off the reading. 

Claim #2:  Eating or drinking (coffee) - before taking the test will lower your BAC.

Fact or Fiction:  Fiction.  Much like the penny idea, eating food or drinking a coffee before driving home will not change your blood alcohol content.  Eating a sandwich may prevent you from making an extra stop at White Castle on your drive home, but absorbing nutrients has no measurable effect on your BAC.

Claim #3:  Using mouthwash will help me pass a breathalyzer.

Fact of Fiction:  Fiction.  This one has been around for a looooong time, but in all reality it maybe the worst way to "beat" the test.  Sure, mouthwash can mask the odor of alcohol, but it does nothing to lower a person’s BAC.  In fact, because mouthwash often contains traces of alcohol, a person may actually increase their BAC reading by gulping mouthwash before they blow.

Claim #4:  Burping will throw off the breathalyzer.

Fact or Fiction:  Fiction.  A study  found that there were no variances between breathalyzer readings when a subject burped while blowing into the machine.

Claim:  Varying your breathing patterns can affect a breathalyzer test.

Fact or Fiction:  Fact.

According to a recent study --- doing this (ie., varying your breathing pattern) immediately before taking a breathalyzer can alter a BAC reading.  The study had participants try out a variety breathing techniques, from keeping their mouth closed to adjusting their breathing techniques.  Granted, every technique resulted in a higher BAC reading than normal, except one.  

Higher BAC readings resulted when individuals held their breath  before taking the test, spent time breathing with their mouth closed before the test, and when they employed a 20-second inhalation breath technique.  

But, when individuals where able to evoke a state of hyperventilatiion (for 20 seconds immediately before taking a breathalyzer) there BAC results were, on average, 10% lower.  Why?  Well --- researchers found that less alcohol content is located in the first part of a breath than in the last part, and quick, short breaths have been found to slightly lower your BAC.  

In the end, the best way to beat the test is to not drink so much... FACT!

If you or someone you know needs help with a criminal case - such as a DWI --- please call the Rolloff Law Office and ask questions till your heart's content --- cool?  Cal/ today: (612) 234-1165.