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

The Top 5 Minnesota DWI "Rules"

Although there is really only one foolproof way to "beat" a Minnesota Drunk Driving arrest, there are some things that you can do to protect yourself from doing the government's work for them. 

Sure, if you follow these "rules" it is quite possible that you will be arrested; but, if you don't follow them, it is just as likely that you'll be taken into custody. The difference between the two?  Well, for one, you can save yourself from giving law enforcement the kinds of evidence that they will later use against you in court.  In addition, you might make it easier for an experienced Minnesota DWI Attorney to win you a favorable result - when and if you are ever charged with Drunk Driving.

It goes without saying that the easiest way to avoid the attention of law enforcement - when traveling on the highways and byways of the State of Minnesota is to follow the rules of the road.  This includes - abiding by the speed limit (the most common circumstance I've seen for the cops to initiate a vehicle stop,) not texting and driving, wearing your seat belt, coming to a complete stop for stop signs and/or traffic lights, and driving entirely within your lane of travel.  If you've failed to heed this warning, then you need to follow these rules.

#1 - Never Admit to Drinking

Don't get me wrong, any contact with law enforcement is bound to be stressful and often, a certain human-instinct kicks in where you want to be helpful. If you're like me, you either believe you can negotiate your way through the situation - proving your innocence to the police officer - and/or you somehow come to think that if you cooperate with him that he'll take some sort of pity upon you and in the face of (often) insurmountable evidence just let you go.  Believe me, neither of these courses of action is better than doing and saying nothing.

When the police start asking you about where you've been, where you're going, or what you've been drinking - believe it or not their #1 concern isn't - or your well being; rather, what they're trying to do is gather information - that they might use against you at a later time.

Remember, your right to remain silent - you don't have to answer these questions. Instead, offer up you identification information and then graciously zip your lip.

#2 - Field Sobriety Tests - Don't Do 'Em!

In the past, I've tried to make my opinions known on this issue - here, here, and here.  The simple truth of the matter is - virtually nothing you can do during the performance of these tests is going to make it any less certain that you will not be arrested.  Remember, your performance on these "tests" is being judge by someone who thinks you've been driving drunk.  With that said, isn't safe to assume that he is not going to be looking for your successes; rather, his focus is going to be on your failures - where you're performance is not perfect.  Therefore, this rule is a simple one -  say No to the Field Sobriety Tests.

#3 - The Portable Breath Test - Don't Do it!

The reasons for this are the same reasons as for why you should politely decline doing the Field Sobriety Tests - you don't have to, it doesn't help you, it helps the officer make his case against you, and they're often unreliable.  In addition, this test is not allowed to be entered into evidence in your case.  Again, just say NO to the PBT!

#4 - Exercise your Right to Speak to Minnesota DWI Attorney
If you do as I've suggested you do - it is all but certain that at some point you'll be arrested.  At that moment, you're supposed to entitled to speak a Minnesota Criminal Defense Lawyer. Once you ask for an attorney, the police are should stop any questioning of you and take the reasonable steps to get you get in touch with a lawyer. That's your Constitutional Right - use it. Don't let the cops try to talk you out of it. I know this is going to be hard to understand, but asking for a lawyer does not make you look guilty. It makes you look smart. People ask for attorneys because they need an expert help them deal with the police. Don't be afraid to get help.

#5 - Treat the Police With Respect - Even if They're Rude to You 

DWI investigations are not fun - for anyone. And believe it or not, that kind officer who on another occasion helped find your dog, may not have that same disposition when it comes to dealing with you when he thinks you've been driving drunk.

No matter how hard it can (and often will) be - you have to remain calm and hold your tongue. If you don't - your actions will be used against you later --- this I can assure you. The calmer you remain and the less you let the cops get to you - the better your case.

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The next time you are stopped and investigated for Drunk Driving, put these five suggestions to use. You'll be glad you did. If your reading this after you've been stopped (and thinking - "where was this before I was so stupid?") don't fret. Just because you've been arrested for a DWI does not mean you will be convicted of that offense.

Take the next right step - be smart, now, and contact an experienced Minnesota DWI Attorney to explain to you your rights and to fight for you in court.

MN DWI Law - Ignition Interlocks (Explained)

Although there may be some celebrating north of the border on July 1st as our Canadian cousins celebrate their country's birthday - here in the good old USA, and Minnesota specifically, the hip,hip hurrahs maybe in short supply. 

Come July 1, 2011, Minnesota is enacting new DWI laws that purport to substantially punish repeat offenders.  However, this new initiative may actually have the effect of getting Drunk Drivers back on the road sooner.  Specifically, the new legislation seeks to expand the use of Ignition Interlock technology- giving the violator the option of having one of these devices installed in their vehicle - in exchange for the chance to regain driving privileges sooner than what's afforded them under the current law.

Of course, as with most (new or established) government initiatives - there are going to be issues.  Some of the questions include: whether there is any guarantee that the device will be installed; how well will they work; should drivers that have a cancelled or revoked license be given the chance to regain their driving privileges so soon; and given that the device is a bit costly and may be optional to install, will it prevent most offenders from using it?

The State of Minnesota has set up an official ignition interlock website. However, as with most new laws, I and my fellow, experienced Minnesota Defense Attorneys have some concerns. Such as, not only will prospective users have to meet certain qualifications and follow rather precise procedures ... these devices could end up being very expensive to maintain and will most assuredly add to the financial penalties that a DWI causes.

What's new?

What is clear is that the new law may require first time Drunk Drivers with blood alcohol levels of (.16) or more - and all repeat offenders -  to install a breath-testing ignition lockout device on their vehicle. Proponents of these portable breathalyzers assert that they will keep vehicles from being able to be started if the driver's blood alcohol level is above (.02). The idea being --- If you are too drunk to drive, your car won’t start.

Costs

At the onset, the devices will cost approximately $50 to install and remove. On top of that, it may cost another $100 per month to monitor.

What Should You Do?

If this new legislation is any indication, Drunk Driving penalties are on the rise in Minnesota.  Therefore, it is more important than ever that if you or someone you love is facing a DWI charge that you seek out the services of an experienced Minnesota DWI Attorney - someone who knows what they're doing and who can ensure that you receive the best defense possible.

If you are facing a Drunk Driving charges, contact me today at (651) 234-1165 to set up a free, no obligation, consultation to learn about all of your options.