Do You Need a DWI Lawyer (Explained)

A charge of Drunk Driving in the State of Minnesota is not to be taken lightly. You could be looking at the burden of court appearances, a hit to your driving record, BIG fines and the possibility of jail.

If you or someone you love has caught a charge --- you should consider contacting an experienced Minnesota Criminal Defense Attorney to get the information you need. Driving under the influence is a serious criminal charge that may have ramifications on your future employment, housing and even education choices. 

How quickly do I need to consult an attorney if I’ve been charged with Driving Under the Influence? 

The sooner that you have an attorney running through the specifics of your case, the better they will be able to defend your legal rights and interests! The answer is as soon as possible. With DWI charges, there are multiple variables to consider as you craft your legal defense. 

Is this your first DUI charge or have you been arrested for DWI previously? 
Was anyone injured or was property damaged by your actions? 
What was your Blood Alcohol Content at the time of arrest? 
Is your charge related to alcohol or another substance? 
What other charges were associated with your arrest for driving under the influence? 

Know Your Rights

Knowing your rights is one of the most important steps toward having a fair trial. 

Did you know that you are allowed to record the entire exchange if you are being stopped, without having to ask the officer? If you have a smartphone, you can do this pretty easily once you’ve been stopped. Having this record can only help you. 

Did you know that law enforcement could still arrest you even if your breath sample is 0.000? The consequence for refusing to provide a breath sample is a 12-month driver’s license suspension as opposed to a 6-month suspension if you cooperate and provide a breath sample. 

Did you know that the State of Minnesota will try to use whatever you do in the breath sample phase against you whether you provide a breath sample or not? 

Don’t be caught off-guard with your future – consult an attorney immediately to help solidify your defense against this criminal charge.  Working with the Rolloff Law Office can ensure that none of your rights are ignored. If you’re being charged with driving under the influence in the State of Minnesota, contact us today: (612) 234-1165

Scott County DWI Attorney

At the Rolloff Law Office, we advise and represent clients who have been arrested for drunk driving. We not only prepare and present your strongest available defense, we also consider the case from a broader perspective. We do everything we can to protect you from the non-criminal consequences of a DWI conviction, just as we work to resolve the criminal charges against you on favorable terms. 


The formal term for drinking and driving charges in Minnesota is DWI, short for driving while impaired. The penalties for DWI have become more harsh in recent years, and even a first-time offense will result in a revocation of your driver's license. 

An important part of our client service in DWI defense is protecting your interests in license revocation/Implied Consent hearings and applications for limited driver's licenses so that you can at least commute to work.


Minnesota DWI Penalties

There are two tiers of penalties for Minnesota DWI convictions, including guilty pleas, depending on the blood alcohol concentration (BAC) evidence used against you. 

Driving with a BAC of .08 percent or greater is punished less severely than driving with a BAC of .20 percent. For commercial drivers, the maximum allowable BAC is .04 percent, and for persons under 21, a BAC as low as .02 percent can result in a conviction. The penalties involve jail time, which is often suspended for first offenders, heavy fines, and license revocation of varying lengths depending on your BAC and how many DWI or DUI convictions you have had in the last ten years.


What To Look For

At The Rolloff Law Office, our attorneys will not only analyze the circumstances of your arrest and the details of your field sobriety and blood tests to see whether your case can be defended on the merits, but we also look to your broader situation to protect what you have to lose. Whether your biggest concern is auto insurance, a probation violation, a professional license or security clearance, or even the forfeiture of your car or truck, we work with you and the prosecution to protect you from the worst possible consequences of the charge.

Different Minnesota counties handle DWI cases in different ways. As an experienced Minnesota DWI Attorney, I have been in almost every county in the state ... working with some prosecutor who allow plea negotiations based on the specific circumstances of the evidence and the defendant's situation, while others are not as flexible. My experience with the effective defense of DWI charges can help you make the right decisions based on a realistic appraisal of your risks.
 

For a free consultation about our ability to represent your interests effectively in defense of serious DWI charges, contact an attorney The Rolloff Law Office at (612) 234-1165

Minnesota DWIs - Know Your Rights

 

The State of Minnesota has specific laws and regulations related to arrests for Drunk Driving.  As an experienced Minnesota DWI attorney I know that drivers should be aware of the laws and their rights. In fact, it’s important you keep track of a couple of points in the event that law enforcement officers stop you on suspicion of driving under the influence:

Probable Cause

First, understand that police officers are not allowed to stop someone without a reasonable suspicion to believe that they are breaking a law. Granted, courts generally give officers a great deal of leeway when it comes to such suspicions, police may stop you only if you’ve committed a traffic violation.

Inadmissible evidence

If an officer asks you to perform standardized field sobriety tests to prove your sobriety, such as horizontal gaze nystagmus (HGN); standing on one leg, walking a straight line and perhaps even reciting the alphabet, counting backwards or touching your finger to your nose --- these tests will be used against you and will be admissible in court.  Contrary to popular belief, you are not required to perform them. 

The officer should inform you that you are not required to take a preliminary breath test (PBT). If you refuse to submit to a PBT on the roadside, Minnesota statutes do allow the officer to immediately arrest you. Any improperly obtained or handled samples may also be inadmissible. Additionally, courts often review any surveillance videos from the squad car or police station to determine whether they corroborate with the officer’s story.

 

Regardless of whether police meet procedural requirements, you have a right to legal representation. To minimize the penalties you may face for possible drunk driving in Minnesota, always consider calling an experienced Minnesota Criminal Defense Lawyer.  Call the Rolloff Law Office for a FREE CONSULTATION: (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 Drunk Driving Stops (Explained)

Drunk Driving arrests in Minnesota frequently begin with a  traffic stop made by a police officer or state patrol trooper.  After the stop there is generally a sequence of actions taken by the officer if they suspect the driver has violated Minnesota's DWI law.

There are of course, legal and illegal (constitutional and unconstitutional) ways of both initiating a traffic stop and conducting subsequent questioning, testing, etc.  The following is a brief overview of the constitutional issues surrounding typical DWI traffic stop in Minnesota.

If you have any questions about this, your next best step is to contact an experienced Minnesota Criminal Defense Attorney.

The Traffic Stop

An officer can make a brief investigatory traffic stop without violating the constitutional prohibition against “unreasonable searches and seizures” if they have “reasonable, articulable suspicion” of criminal activity.  An officer’s observation of a traffic violation, even if insignificant, can provide the officer with an objective and reasonable basis to make a legal traffic stop.

Typical traffic violations which provide a basis for a stop include speeding, not signaling a lane change, and equipment violations.

Initial Questioning

After an officer has made an initial stop, they generally ask the driver a series of questions (e.g. “Are you aware of why I pulled you over?”) and request a driver’s license/identification and vehicle registration information

Field Sobriety Testing (FST)

During the initial questioning in a Minnesota DWI traffic stop, the officer will often make observations of alcohol use and/or intoxication.  These observations frequently include slurred speech, glassy/watery eyes, (strong) odor of alcohol, slow reaction time, and the driver admitting alcohol use prior to driving. If the officer does make these observations, they can provide the basis (reasonable, articulable suspicion that the driver has violated the DWI law) to legally conduct a series of field sobriety tests.  The standard field sobriety tests (SFST) include a series of three tests:  the walk and turn test (WAT); the  one leg stand (balance) test (OLS); and the horizontal gaze nystagmus test (HGN).  There are also non-standardized field sobriety tests that the officer may have the driver perform including: the Romberg  (Balance) Test; counting backwards; reciting the alphabet etc.  Failure of the  field sobriety tests can be used by the officer to establish probable cause to arrest the driver for DWI.  (In various areas throughout this blog, I;ve reported on these "tests" --- if I could make one suggestion --- don't agree to perform these tests!)

Portable Breath Test (PBT)

The officer will typically request  a portable breathalyzer test (PBT) from the driver if they fail the field sobriety tests.  The legal basis to request the PBT, however, is the same as for the request for field sobriety testing: “reasonable, articulable suspicicion” that the driver has violated Minnesota DWI law.  This can include the failure of one or more of the field sobriety tests, admissions from the driver of alcohol use, and/or other observations of possible alcohol use and/or intoxication (e.g. glassy eyes, strong odor of alcohol etc.). In addition, like the field sobriety tests, a PBT failure can be used by the officer to establish probable cause to arrest a driver for DWI.  (Like with the FSTs ... don't agree to take this test!)

Arrest

An officer must have probable cause to make a legal arrest of a driver for DWI.  Probable cause in Minnesota exists if a person of ordinary care and prudence holds an “honest and strong” suspicion that arrested party is guilty of a crime.  Probable cause is more than mere suspicion.  The officer can establish probable cause to make a legal arrest with a combination of observations of alcohol use and/or intoxication, statements by the driver indicating alcohol use and/or intoxication, failure of one or more of the field sobriety tests, and/or failure of the PBT test.

What Can Be Done About Illegal Conduct?
The constitution protects individuals against unreasonable searches and seizures.  The remedy for an illegal search and seizure is suppression of the evidence obtained as a result of the illegal search and seizure.

In a typical DWI case as described above, therefore, if the officer illegally made the initial traffic stop or otherwise illegally conducted the questioning, testing and/or arrest, the driver can move the court to suppress evidence that was obtained as a result of that illegal search or seizure.  In Minnesota, this is done at what is know as a “Rasmussen Hearing.”  If the Motion for suppression is granted, the prosecution cannot use the illegally obtained evidence at trial.  This can obviously have a huge impact on the case.  A very positive impact for the defense, and very negative impact for the prosecution.  In fact, the prosecution may dismiss the case and/or offer a very favorable plea agreement  in the event of suppression.

What's Next?

If you or someone you love needs help with a legal issue - like a Minnesota DWI --- call The Rolloff Law Office to set up a FREE CONSULTATION today.  Call (612) 234-1165.

Minnesota DWI Court Process (Civil Cases)

In addition to the criminal court case that many of you would expect - if you found yourself facing a Minnesota DWI charge - there's also the psooibility that you'll also have to answer for civil penalties assiciated with the same arrest.

Generally speaking, and unless specifically required by the Court, your appearance at such court hearings is not always required.  However, depending on the specific facts of your case, your appearance at court appearances may be requested.  

Implied Consent Hearing
Sometimes referred to as an “IC” or “Driver’s License Trial”, this court appearance is like a Court Trial in which your Minnesota DWI Attorney and the Attorney for the State argue before the Court seeking, among other things, the lifting the revocation of your Minnesota driving privilege.  This hearing is conducted in the same manner as a Contested Probable Causey Hearing.  In short, it is your  burden to show that the revocation s not justified.  If you fail to meet that burden, the Court will sustain the revocation of your driver's license.  In other words, you will lose your driving privileges.

B-Card Hearing

This hearing takes place if you are alleged to have violated the conditions of your B-Card (a driver' license where use of alcohol has been restricted).   It is conducted in the same manner as the Implied Consent Hearing , except that we are seeking the reinstatement of B-Card driving privileges.

Forfeiture of Motor Vehicle and/or Property Hearing
This is conducted in the same manner as an Implied Consent or B-Card Hearing, except that you and your attorney are seeking the return of your vehicle or property.

As you can see, there are many possible court appearances that can take place during the course of any Drunk Driving case.  Hopefully this guide (and the one about the criminal process) has given you some basic understanding of what appearances you may expect as your case moves through the system.

An experienced Minnesota Criminal Defense Attorney will be able to explain or answer any question that you may have or that this guide does not fully answer.  If you need answers you can rely on - call the Rolloff Law Office today at (612) 234-1165.

Top 5 Police Mistakes (DWI Arrests)

Police are human and as such they make mistakes.  An experienced Minnesota Criminal Defense Attorney will find those errors and work them to your benefit - winning you the outcomes you desire  including the possibility of getting your case dismissed. These are the Top 5 mistakes your lawyer should look for.

#1 - Did the Police Have a Reason to Pull You Over?

Cops can't stop a vehicle on a hunch or because you look "funny." To be a valid-legal stop, an officer must sufficiently explain to the Court why he pulled you over - such as observing a violation of the law, like Speeding. However, if he can't do that, then any/all of the evidence he gathers after that should be dismissed. 

#2 - Did the Officer Assume Too Much?

If the officer notes an odor of alcohol coming from your vehicle - did he just assume that that odor meant that you were intoxicated?  Granted, such an odor might support an assumption that someone has been drinking; however, it is by no means an indication of intoxication.  If this is all the officer is relying you - your attorney might be able to make an argument that could see the charges against you reduced and/or dismissed.

#3 - The Field Sobriety Tests

These roadside gymnastics have taken on an all to real importance in Drunk Driving cases, as such they are ripe for ferocious argument when mounting a vigorous DWI defense. Areas that an experienced Minnesota DWI Attorney needs to attack are: (a.) did the officer fail to disqualify you if you were physically unable to pass these exercises; (b) were the tests conducted in an unfair manner - under less than ideal circumstances; (c.) were you properly instructed as to how to perform the tests; and (d.) does the officer know how to assess one's performance on these tests.

#4 -  The Implied Consent Procedure

Prior to requesting a sample of your blood, breath or urine, you must be informed of your right to an attorney. If an officer failed to do this and/or make resources available to you to contact a lawyer - then a real strong argument can (and should) be made that the results of the test you take should be excluded in their entirety. Test results should also be excluded

If the results are suppressed, your case is all but done - because the blood alcohol number is often the only thing that cases such as this turn on. 

#5 - Test Refusal - Did You Really Refuse?

If law enforcement decide that you refused the test (which is often more complicated when someone actually agrees to the test, but the officer reads their behavior to mean otherwise) a question can always be raised about whether you actually refused. A good Minnesota Criminal Defense Attorney will seek to address whether you were ever asked about any physical problem you might have had that made taking the test impossible or whether you were ever given the option to perform a test other than blood, breath or urine.

What Should You Do?

If you're like most people, you probably didn't know that the police made the kinds of mistakes that I've just laid out and/or you didn't know know that these mistakes could significantly help your case. Well, believe me - they can.  Big Time.

Since leaving the county attorney's office, I've used the inside knowledge I've been given to to defend individuals who've been charged with Drunk Driving.  As a former prosecutor, I know exactly what needs to be in a police report and/or testified to in court.  If it isn't there - I'll effectively make an argument to the court that could see your charges reduced (or dismissed) and your license re-instated.

If you've been arrested for a Minnesota DWI, you need experienced legal representation right away. Call the Rolloff Law Office to set up a free, no obligation consultation and I'll explain exactly what I can do to help you. Call today - (612) 619-0262.

Why Should You Fight Your DWI Arrest?

If my experience as a prosecutor and as a Minnesota DWI Attorney has taught me anything it's that well-meaning individuals fail to fully appreciate the nature and consequences of becoming entangled in the criminal justice system. Nowhere is this more evident than with those charged with a (first) DWI.

For whatever reason, too many people will either try to represent themselves and/or hire a general practitioner-type attroney.  IMHO, neither have the knowledge or experience to provide their clients with the advice that they'll need to best serve their interests - in the short and long term. 

Believe me, and I've seen it often enough to know, a Drunk Driving conviction can change somone's whole life - not only in due to the penalties imposed by the judge like large fines, community service obligations and possible jail time - but also because of the long-term collateral consequences that can have a lasting and signifigant impact on one's future.

What Sort of Long Term Impacts?

One example of the severity of Minnesota's DWI penalties, can be illustrated by a gentleman I'll call Paul - a successful salesman.

In the fall of 2007, Paul was cited for Drunk Driving. Not believeing that anything could really be done about his arrest (because he'd been drinking before he drove,) he walked into court without an attorney and "fell on his sword" - pleading guilty without first fully assessing the true nature and consequences of his actions.

To say that he came to regret this decision would be an understatement.  See, due to the nature of Paul's work - having a valid driver's license was a necessary prerequisite.

Paul's loss of his driver's license effected his ability to meet clients. As such, he had to either beg, cajole or hire other people to drive him to client meeting or risk being caught driving on a suspended license. 

Then there was the stigma of his arrest and conviction.  Once word got around about that, some of his clients became reluctant to deal with him and his sales numbers suffered.  Then, when the recession hit Paul was laid off - owning in no small part to his declining sales numbers and performance.

As anyone who has been out of work can appreciate, it’s tough out there - to find that next job or even get that first interview.  What Paul learned sas that these difficulties were made worse by his dependence on others to give him rides to interviews. (This continued even after Paul had his driving privledges re-instated because he could not afford the expensive insurance premiums he was now being asked to pay.)

If Paul was lucky enough to gain an interview - where he could demonstrate his skills and past successes - he often left those meetings feeling as though he would be offered the job.  However, that wasn't the case. After a while, Paul came to conclude that maybe his DWI arrest was the deciding factor - after he came to learn that anyone (including a potential employer) could easily access Minnesota criminal records online.

Of course, without a job Paul was unable to keep up with his bills - first being forced to sell his vehicle and soon thereafter his townhouse.  As the recession continued, he ran up of credit cards, and due to his mounting debt he was forced to sell anything of value

The vicious cycle continued until he was forced to declare bankruptcy in late 2009 and later eventually divorce in 2010.  He fell in to depression and substance abuse. 

Once a symbol of the American Dream, Paul is now a casualty of the war on Drunk Drivers.

What Can You Do?

No matter the infraction, if you want to ensure that your rights and freedoms are upheld and fought for - against the big, bad government - you need to seriously consider getting an experienced Minnesota Criminal Defense Attorney to take your case. Granted they can't always work miracles and just have the charges go away, but they can take the sting out of the penalty that the government's seeking to have you suffer.

I've been successful in getting fines reduce, jail time thrown out and license revocations shortened or withdrawn in their entirety. If you want someone on your side, let me use what I learned as a former prosecutor to win you the results you desire. Call the Rolloff Law Office today to schedule a free, no-obligation consultation, today.

Arrested for a MN DWI - What's Next? (Explained)

If you've been arrested for a Minnesota DWI, you might not know that in addition to the criminal charges you could be facing, the state will also be taking you to task in civil court.

One of the most difficult aspects of a Minnesota DWI is not the penalty you'll receive (or the consequences) but rather just the convoluted process that you'll have to navigate just to get through the whole process. This is just one reason you should have a Minnesota DWI Attorney on your side.

Criminal Procedure

Arraignment: This is the first hearing inthe process and usually occurs about 30 to 60 days after your arrest. Essentially why this hearing is held is that the Court wants to know that you are aware of the charges against you - and the your rights as it regards those charges.  If you have an attorney, you may not have to appear.If because he will be able advise you of as much outside of court.

Pre-Trial Conference: Prior to the date of this next hearing, your attorney will have an oppertunity to discuss your case with the Prosecutor and negotiate the best possible plea bargain. Ususally this hearing happens about 45 days after your arraignment.

Suppression Hearing and/or Contested Omnibus Hearing: After a careful reading of the police reports, your attorney may note "problems" with the procedure law enforcement followed and/or instatnces where your constitutional rights were violated. If this is the case, he may seek to have some or all of the government's evidence against you be suppressed . This hearing usually occurs anywhere from 45 to 90 days after the Pre-Trial Conference.

Trial: The most important right you have is your right to a trial to a jury or judge.

Sentencing: This hearing occurs after trail and/or after a plea bargin is entered into. Sentences may include jail time, house arrest, community work service, alcohol classes and fines.

Civil Procedure

Implied Consent Hearing: To preserve your right to drive in the State of Minnesota after a Drunk Driving arrest, you must request a hearing after your license has been taken from you (within the time set by the Minnesota Department of Public Safety in a revocation letter) or you lose your right to contest this action. In my opinion, these hearings are crucial to an effective and agressive DWI representation.  This is your best chance to get an officer to testify on the record and to begin to develop a defense that could help you win the results that you desire. 

What Should You Do?

Arrested for DWI in Minnesota? Call the Rolloff Law Office for a free, no obligation, consultation at (612) 234-1165.

DWI - Save Your Minnesota Driver's License

Just because you have been arrested for a Minnesota DWI (or refused to take the DWI blood, breath or urine test) does not mean that you will automatically lose your driver’s license.

If you've been stopped for a DWI - then, either on the night you were stopped or subsequently in the mail - you were probably informed that your license would be soon be taken away. 

If you drive after losing your license, you may have to pay a high bond or bail to get out of jail. Under Minnesota state law, you also will face another criminal charge - one that could see you facing jail time and a huge fine --- all of this in addition to the DWI consequences you could be up against. 

So, what should you do?

How to Save Your Minnesota Driver's License

Here are the most common steps that your Minnesota Criminal Defense Attorney should take to ensure that your driver's license is saved.

1. Request a hearing and demand the officers' presence. This will afford you and your attorney a preview of what evidence the government will rely on at trial, a rare thing when it comes to criminal cases. All officers involved in the case must show up and justify the actions which resulted in the revocation of your license.
2. Retest the sample, if possible. Testing errors may save your license.
3. Investigate the adequacy of the stop of your vehicle. The officer must have had a reasonable articuable suspicion that a crime or traffic infraction was being committed before he can legally stop you..
4. Investigate the adequacy of the arrest and request for a test. In most cases the officer must have developed probable cause to believe that you were impaired by alcohol before placing your under arrest.
5. Check the times of events. Officers must perform the tests within certain guidelines.
6. Check the labeling of the sample. It must be identified as being yours.
7. Demand an Implied Consent Hearing in front of a judge. Fabrications and other errors are often first noticed at these hearings.

How Do You Get Started?

If you've been charged a Minnesota DWI call the Rolloff Law Office at (612) 619-0262 and have me review your case for free.  The sooner you get started the better.

Minnesota DWIs and Public Defenders

The person who represents you in court is often the most important decision you'll make - if you've been charged with a crime. Many individuals who find themselves arrested for Drunk Driving must decide whether they will hire an experienced Minnesota Criminal Defense Attorney to represent them --- or request that the court appoint a public defender to do so.

So what are the differences?

In addition to the criminal charges you'll face - if you've been charged with Drunk Driving, understand this: the state has also implemented a civil lawsuit against you called an Implied Consent proceeding.  Since this is not a criminal action, a public defender does not represent you for that case; however, a private attorney would.  And know this - for a number of individuals the Implied Consent Hearing has as big of an impact on their future as does the criminal case.

Another major distinction between a public defender and a private Minnesota Criminal Defense Attorney is the number of actual open cases that a public defender has going at any given time - a number that seems to get larger and larger because of the government's current budget woes. 

Granted, public defenders are probably some of the best legal minds going, but due to the time crunch they face they just can't give their clients the personal attention one would expect when going through something as serious as this.

What Should You Do?

While public defenders are exceptional attorneys, due to the extent of their work load they cannot always provide the time and attention a client needs.  Private, experienced Minnesota Criminal Defense Attorneys can litigate the criminal and the Implied Consent portion of your case and they can spend the time necessary to ensure the best possible outcome for you.  If you need help with a legal matter, feel free to contact the Rolloff Law Office and schedule a free, no obligation consultation - today.

DWI - Implied Consent Hearings (Explained)

The State of Minnesota - like most states - presumes that any person who drives, operates, or is in physical control of any type of motor vehicle anywhere in the state consents to a test of his or her breath, blood, or urine (for the purpose of determining alcohol and/or the presence of controlled or hazardous substances - and their levels) in their body.

Minnesota's Implied Consent law permits the revocation of your driver's license - if you refuse to be tested or if the results of the test disclose the presence of a controlled substance (other than marijuana) or an alcohol concentration of .08 or more. (BE AWARE: One thing most people I speak to fail to understand that the license revocation process is completely separate from any related criminal prosecution they face.)

How to Fight a Revocation

In order to challenge the legality of this license revocation, you must file a petition for review by a judge within 30 days of the date of the notice of revocation. Failure to stick to this time line - forever waives your right to challenge it and ensures that this alcohol-related driving violation will remain on your driving record forever, regardless of the outcome of any related criminal prosecution.


Upon filing of the petition, the law entitles you to a hearing before a judge within 60 days. At that hearing, the Commissioner of Public Safety, who is represented by the Minnesota Attorney General's Office, will put forth any evidence it has  as to why it is seeking the revocation.

The issues generally contested include: examining whether the test you took was accurate and/or reliable, the legality of the stop of your vehicle, the basis for your arrest, whether you were sufficiently advised as to the rights and obligations you had - pursuant to the Implied Consent law, whether you someone actually refused to submit to testing and whether your rights to consult with a lawyer - prior to taking a test - where exercised.

Results

If the judge finds in your favor - and against the commissioner - your driver's license will be reinstated. If the judge sustains the revocation, you can appeal that order to a higher court. 

Do I Need an Attorney to Fight my Revocation

Although I have expressed my opinion on this issue, time and time again, if you consult the back of the Notice and Order of Revocation form issued you - either at the time of the test (if it is a breath test) or later by way of the mail (if your blood or urine were examined) - there is some information about the procedures available for challenging the license revocation. Although the information is accurate, I would suggest that it does not provide enough detail to enable the average person to do the job him or herself.

As such, while it is not required that a person use an experienced Minnesota DWI Attorney to handle an Implied Consent case - the technical requirements and the legal issues are fairly complex.

At a minimum, even if you decide to go it alone, if you're considering challenging your revocation - you should consult with a lawyer regarding the specifics of his case. If you have a good case, you may want to seriously consider seeking out the services of the attorney to handle the paperwork and represent you.

In the end, the more information you get - the better. Remember, just because you've been arrested - it does not mean that you'll be convicted.