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
As an experienced Minnesota Criminal Defense Attorney, I get lots of questions. Here's a common one:
What is a Gross Misdemeanor?
Under the laws of the State of Minnesota, a gross misdemeanor is a category of criminal offense that is punishable by a fine of up to $3,000 and/or one year in jail.
Gross misdemeanors are considered more serious than misdemeanor offenses, but they are not as serious as felonies. If you have been charged with a gross misdemeanor, it is your right to secure the services of a highly qualified Minnesota Criminal Defense Lawyer.
Although a gross misdemeanor may not seem serious, the consequences of a conviction can follow you for the rest of your life. By fighting the charges, you may be able to minimize – or in some cases, completely avoid – the consequences.
A List of Gross Misdemeanor Offenses
- Repeat assault offenses
- Refusal to Submit to Testing
- Some DWI offenses (such as repeat violations or high alcohol readings)
- Certain other traffic violations
- Fifth Degree Criminal Sexual Conduct
- Interference With a 911 Call
- Prostitution and some other sex crimes.
When you hire an experienced Minnesota criminal defense attorney, you will receive the guidance that you need throughout the legal process. The Rolloff Law Office has helped many individuals throughout Minnesota with defending against gross misdemeanor charges. A conviction can lead to fines and jail time. The judge may also order counseling, house arrest, restitution or community service. This is in addition to the conviction that is present on your criminal record, which can be seen by potential landlords or employers, financial institutions, or anyone else who might be curious. Even a non-felony theft conviction can cause you problems in the long-term, putting your future at risk. Your attorney will help you by giving you the comprehensive legal help that you need to get the best result in your case.
Call today, for a FREE CONSULTATION: (612) 234-1165
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.
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.
