Affordable Lawyer - How You Can Tell (Explain)

Whether or not you've dealt with a Minnesota Criminal Defense Attorney or Minnesota DWI Lawyer before, you probably assume one thing - it's going to be expensive. And, if you are like me or like most people, you want to get the best lawyer possible for the lowest amount of money possible. Is that possible?

The DWI lawyer or criminal defense lawyer you decide to hire is going to be trusted with a lot of responsibility. They are holding your life in their hands. If they don't do the work they promise, or put forth the effort they promise, or pick up the phone when you call, you could end up in jail, you could end up with huge fines, and you could wind up losing everything that is important to you. What is your freedom, your hard earned money, and your reputation worth to you?

The Rolloff Law Office Doesn't Bill By the Hour, and We Don't Ask For More Money

At The Rolloff Law Office, we have a very simple fee structure. We have one price for your case, and that's it. That price depends on several factors, including the difficulty of your case, the facts of your case, and the expertise required for your case. But that one price is all we'll ask for. That means if you want or need to go to trial, we'll go, without asking for more money. Most Minnesota Criminal Defense Attorneys don't offer that. Most attorneys make you pay more to go to trial. They do it because they don't want to go to trial. When you sign up with us, you can trust that we'll do whatever it takes to win your case.

With This Much At Stake, Do You Really Want the Cheapest Option?

A lot of people are scared off by the fees we charge. We aren't the most expensive criminal defense and DWI defense law firm out there, but we aren't the cheapest. And the reason we aren't the cheapest is we provide far more value than the attorneys out there selling you on price. What we offer is unlike any Minnesota Criminal Defense Attorney out there. We offer great legal services, we offer great results, and we offer you the trust that at the end of the day we are doing everything we can to get the results you deserve.

A criminal charge is extremely serious. At a minimum you are facing 90 days in jail and a $1,000 fine. And the stakes only go up from there. I liken it to getting surgery. A bad result can affect you for the rest of your life. If you were getting brain surgery, would you want the cheapest guy you could find to do it? No. You'd want the best. You'd want someone with a proven track record. Even if you had to pay a little more for it. You'll get that with us.

If you need a Minnesota DWI Attorney, ready to help. We offer a FREE CONSULTATIONS and we are available 24 hours a day, 7 days a week to assist you. Call us today at (612) 234-1165 to find out how we can help you.

MN DWI Arrests (Mandatory Holds & Conditional Releases)

When a person is arrested for a first-degree (felony) or second-degree Minnesota DWI crime, the person must be taken into custody and detained until the person’s first court appearance, at which time the court generally sets bail and specifies conditions of release. Unless maximum bail ($12,000 for gross misdemeanor DWI) is imposed, a person charged with any of the following offenses may be granted pre-trial release from detention, but only if the person agrees to abstain from alcohol and to submit to remote electronic alcohol monitoring (REAM) involving at least daily breath-alcohol measurements. An experienced Minnesota DWI Attorney can assist you and your family with issues like these.

 

What Offenses?

 

These are the offenses that will lead to mandatory action by the court:

• a third implied consent or DWI violation within ten years;
• a second violation, if under 19 years of age;
• a violation while already cancelled as inimical to public safety for a prior violation; or
• a violation involving an alcohol concentration of .20 or more.

Further conditions apply to a person charged with a fourth or more violation within ten years, including:

• impoundment of the vehicle registration plates, or impoundment of the off-road recreational vehicle or motorboat itself, if one was being driven; a
• requirement for reporting at least weekly to a probation officer, involving random breath alcohol testing and/or urinalysis; and
• a requirement to reimburse the court for these services upon conviction for the crime.

What To Do Next
Take the next, right step.  Call the Rolloff Law Office today for a free consultation.  The government has lawyers working against you.  It's time to get someone on your side who knows the ropes and will use that knowledge to protest your rights and your future.  Call (612) 234-1165 to begin the process of reclaiming your freedoms. Affordable, agressive and an ass-kicker.

Why Hire a DWI Lawyer? (Explained)

If you have been charged with a Drunk Driving --- you should seriously consider hiring an experienced Minnesota Criminal Defense Attorney --- or at the very least talking to one about your rights.  My reason for suggesting this is not just because I am an attorney.  Here are some ways an attorney can help with your case --- and your future!

Pleading guilty can actually cost a lot more than hiring a Minnesota DWI Lawyer.

Believe it or not, there are many long term consequences to pleading guilty to a Drunk Driving --- that aren't immediately made know to you by the prosecutor or the judge --- including potentially having to tell to every potential employer for the rest of your life that you were convicted of a serious crime, having to pay increased insurance premiums and being excluded from international travel.

Honestly, do you really know what all of the consequences are that you may face in your future? If you don’t, you should consult with an experienced Minnesota DWI Lawyer so that you can make an informed decision regarding your case.

Hiring an experienced Minnesota Drunk Driving Lawyer is an investment in your future.

The prosecutor does this for a living – prosecutes criminal cases. You can rest assured they know the issues in a DWI case, that they have read the case against you, and that they are prepared to argue aggressively for a conviction. That’s their job. Shouldn’t you have someone just as prepared – if not more so – ready to argue aggressively on your behalf, too?

When you weigh the cost of pleading guilty and all the future costs that come with it, against the cost of hiring a Minnesota DWI Lawyer, you will find that hiring an  attorney is an investment in your future.

Not all Minnesota DWI Lawyers cost the same.

Each attorney charges what he or she has determined is an appropriate fee for the level of his or her services. Don’t hesitate to ask a lawyer what it will cost to represent you. But --- don't just go with cost when making your decision not all Minnesota DWI lawyers are the same. Your lawyer is the one person in the court room who is on your side, unconditionally. You need to feel comfortable with your lawyer – your relationship with your lawyer can make or break your case: Your lawyer will rely on the information you share with him or her in defending you. If you and your lawyer don’t have a good working relationship, you won’t trust your lawyer with this critical information. The key to a successful attorney-client relationship is the same thing that makes all relationships succeed or fail.

Before opening my own office, I started out prosecuting Minnesota DWI case --- hundreds of Drunk Driving cases.  Let me put that experience to work for you.  Learn for yourself --- Call to Rolloff Law Office at (612) 234-1165 to schedule an office visit and come in and see us in person,

5 Common Mistakes Police Make in Minnesota DWI Cases

The truth of the matter is cops are human and as such they make mistakes.  The following are common mistakes that law enforcement makes when enforcing the Drunk Driving laws.  If they've occurred in the midst of your case, an experienced Minnesota Criminal Defense Attorney locate them and work to reduce the charges and/or dismiss the State's case against you.

1.

Did the police have a proper suspicion (ie., a good, legal reason) to stop your vehicle? An officer may not stop you on a "hunch" because you looked "suspicious". There has to be some reasonable cause, such as a violation of traffic laws, erratic driving, an accident, or some other good reason.

2.

Did the cops assume that the odor of an alcoholic beverage meant you were intoxicated? Odor of alcohol may be sufficient evidence of consumption.

3.

Did the officer fail to ask pertinent questions about your potential medical problems? Many medical issues imitate clues of intoxication.

4.

Did the officer conduct the field exercises in an unfair manner? These include being aware of, but failing to eliminate, distractions during the field exercises (e.g. loose gravel, surfaces that are not level, environmental issues such as snow, ice, misting, wind blowing, darkness).

5.

Did the police read your rights from the implied consent advisory form just before offering you the test to determine your alcohol concentration?

Protecting your rights in court to defend a Minnesota DWI charge against you is something the Rolloff Law Office can help you with.  I will review with you what you will be facing and ensure that you are treated fairly, including your right to have a private assessment done which could satisfy the requirement.

I am an experienced Minnesota Drunk Driving Attorney and I will defend you and will file an "implied consent" court action  to reinstate your driver's license and, more importantly, get the alcohol notation removed from your driving record.

If you've been arrested for Drunk Driving in Minnesota, you need experience legal representation right away. Call me for a free consultation, and I'll explain exactly what I can do to help you. An arrest is not the same as a conviction! Call today (612) 234-1165.

Minnesota DWI Myths - Part 3 (Explained)

There are myths and then there are MYTHS.  Here are some of the most common misconceptions regarding Minnesota DWIs that I'm often called on to respond to.
 
1. Sucking on pennies or using mouthwash will help lower your blood alcohol concentration result.
WRONG: Sucking on pennies or anything else that is copper will have no effect on your blood alcohol concentration (BAC) result. As far as mouthwash or breath sprays go, these substances can actually inflate the amount of alcohol found in BAC results, not lower them. Both of these substances contain low amounts of alcohol that an advanced breathalyzer may be able to pick up.

2. You must take the Field Sobriety Tests.
WRONG: While the police are not required to tell you this, in the State of Minnesota, the law does not require that you perform any type of test, including a Field Sobriety Test. However, you should know that if you do refuse to perform this test, the officer will most likely arrest you. You should always take in your surroundings and consider whether or not you are able to successfully pass a field sobriety test before you out right refuse.

3. Field Sobriety Tests are always an accurate measure of a person’s BAC level.
WRONG: Even the National Highway Traffic Safety Administration has said that people, even when they are sober, have difficulty correctly performing field sobriety tests. Several factors such as nervousness, fear, fatigue, weather conditions, leg/foot injuries, etc. can all have an impact on the results of a field sobriety test.

4. “Alcohol on the breath” is a reliable sign of alcohol intoxication.
WRONG: One fact that many people don’t know about alcohol is that it is actually odorless. What people are smelling when they perceive alcohol on the breath is the smell of the ingredients often included in alcohol. For instance, the breath of someone who has been drinking O’Douls Non-Alcoholic beer will smell the exact same as someone who has been drinking Budweiser. Therefore, breath odor strength estimates are completely unrelated to a person’s BAC level.

 What Should You Do?

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pebto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Minnesota Criminal Defense - Top 10 Constitutional Rights

With all apologies to David Letterman... these are (IMHO) the 10 Most Important Constitutional Rights you and I have.  If you or a loved one is facing criminal charges, it is imperative that you understand that you have rights. The paramount one being the right to retain a Minnesota Criminal Defense Attorney. The accused is guaranteed the right to legal representation, whether the attorney is appointed for him or he hires a private attorney.

10.    Right to an attorney;
  9.    Right to effective assistance of counsel;
  8.    Right to cross examine and confront witnesses;
  7.    Right to testify on one's own behalf;
  6.    Right to remain silent;
  5.    Right to a speedy trial;
  4.    Right to use courts subpoena power to compel witnesses to testify;
  3.    Right to a jury trial (in most cases);
  2.    Right to an impartial jury; and
   1.   Right to produce evidence on your behalf.

Hmm... that seemed funnier when Letterman did it.  But seriously, these things are important.  If you find yourself charged with a crime you owe it to yourself to at least talk to an attorney about your options - and learn how a conviction could impact you both in the short- and long-term.  Court, judges, prosecutors --- this is all serious stuff.  Don't go it alone.

If you need answers to your legal dilemma, feel free to call the Rolloff Law Office at (612) 619-0262 to set up a free, no obligation consultation today. 

Minnesota DWI Myths - Part 2 (Explained)

There are myths, legends, tall tales and there are truths.  When it comes to monsters and whatnot - such stories are probably okay. But, I guessing that when it comes to you and your future - not so much - right?  Seriously, there are a lot of stories out there about DWI arrests.  Some are not so true, some are purely false and others ... I call myths.  As an experienced Minnesota DWI attorney, I've heard them all.  Today, I expose the myth and set the truth straight.

1.  If I am convicted of Drunk Driving, and I lose my license, I can get a restricted license.

Yes, and no. Believe it or not a conviction is not required to have one's driver’s license revoked for a period of time. In nearly every case, the Minnesota Department of Public Safety can, and does, revoke driver’s licenses without requiring a court conviction of an offense of Driving Under the Influence. In fact, should your blood, breath or urine test at (.08) or greater, your license will be automatically revoked without your ever having had appeared in court or before a judge. Know this too, even if your are ultimately acquitted of DWI (or the criminal charges are dismissed) your license revocation may still stand, since the procedures and rules of the DPS operate independently of the court system. Further, a restricted license is only granted under certain circumstances and specific times.  Each case is different.

TIP: By challenging a license revocation, your attorney can have some control over when your license will be revoked, rather than when the DPS or the arresting officer says it will happen.

2. Even if I am convicted of a Minnesota DWI, because of my excellent driving record, I will probably get probation, and not have to go to jail or do community service.

Your excellent driving record really won't amount to much - when it comes to an arrest for Drunk Driving.  No probation is possible, but in most jurisdictions every person who is convicted of such an offense must serve at least 2 days in jail, or must perform some form of community service. Often there are no exceptions.  And we're only talking about a 1st offense.  If you're on your 2nd or 3rd DWI - the mandatory minimums are much more onerous.  No exceptions, unless you agree to enter a long and costly alcohol rehabilitation program.

TIP: If you consent to treatment or some other form of rehabilitation you maybe able to reduce some of the often allotted periods of jail and community service.  As a former prosecutor, I know what the prosecutor and the judge would like to see on the record before they agree to leniency.  If you're looking for a break - you need someone to go into court and get it for you.

3. If I am stopped and arrested for DWI, I am as good as convicted.

This is an all-time favorite of mine because it hits upon a maxim I learned all to well as a former DA: All arrests do not lead to convictions.  Despite the attitude of many courts and prosecutors, there are defenses to the crime of Drunk Driving which should be raised by you or your experienced Minnesota Criminal Defense Attorney.  Sadly, there are law enforcement officers who are not above coloring the truth and are willing to "fudge" their interpretation of what lead to a DWI arrest.  Also, many of these same officers are just not qualified to administer the tests you're asked to take and/or they make mistakes when doing so. Now, if you just fall on your sword and plead guilty, you have a 100% chance of being found guilty. However, i you are willing to fight for your rights, and to contest the government's case, you will have the best chance of a satisfactory outcome.  (And get this, more often than not the outcome for for the arrestee does not get worse because they want to challenge the government ... so don't be afraid to stand up for yourself!)

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

What You Should Do!

The number on myth I'd like to explode is this: I can defend myself effectively in this kind of case, if I just let the judge know the facts.

Sure, if you have a stomach ache - maybe it's okay to take in some Pepto. Or, if you have a headache - to self-diagnoses and pop a couple of Advil. However, if you break a bone or your appendix bursts - your best bet would be to talk to an expert. I'm sure no one would say that you should personally attempt to remove that appendix or set that bone.

If you're arrested for a Minnesota DWI, you need an experienced Minnesota Criminal Defense Attorney to help you get past the many pitfalls and adverse consequences - criminal and civil - that lie in your path. Do yourself a favor and (at a minimum) consult with someone one who is experienced in the defense of DWI cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

Call the Rolloff Law Office today to set up your free consultation.

No Means No? DWI Refusals (Explained)

A charge of DWI - Test Refusal is in many ways a lot like an arrest for Drunk Driving.  However, the crime isn't driving while intoxicated; rather, the offender is charged with refusing to submit to a test of their blood, breath or urine - at a time in which law enforcement has probable cause to believe they were driving drunk.

The difference may sound minor - to anyone but a lawyer - but the outcome quite serious.  Under the laws of the State of Minnesota, an officer can require someone to submit to a DWI test if the he has reason believe that the individual was driving while under the influence of alcohol.  This is Minnesota’s Implied Consent law.  (Believe it or not, by driving on a public roadway in the state you automatically consent to submitting to such a test if law enforcement proper cause.)  Refusing to take this test is a crime, which is often more severe than a regular DWI if you had in fact just agreed to the chemical test.

Why is a Refusal Worse than a Drunk Driving Arrest?

Initially, Test Refusal was a more lenient charge than a Drunk Driving - under certain circumstances.  However, those that came before us burned that bridge by refusing tests (to receive lower consequences than if they had taken the test) at a rate that caused the powers that be changed the law to make it equal to the most severe DWI you can receive under the circumstances.  Therefore,  today is very little incentive to refuse the test.


If it's a Crime, Why Do Individuals Still Refuse?

The most common excuse I've seen for not submitting a sample of one's blood, breath or urine for testing is because they're confused about the request in the first place.  If you've read this blog, you know that I often advise individuals to not talk with the police and refuse their requests for things like searches, providing statements and the like in order to protect their rights.  However, refusing a DWI test has the exact opposite effect - it imposes severe criminal liability. 

Prior to seeing the required sample, this is laid out quite clearly by the officer seeking submission to the test - when he recites the Implied Consent Warning.  However, that warning fails to explain that you also quite likely opening yourself up to harsher consequences than if you'd have go through with the test in the first place.

How Do You Fight This Charge?

Law enforcement can require submission to a test only if they have probable cause to believe that you've been drinking and driving.  So, the best way to avoid a charge is to prevent creating probable cause - don't drink and drive.  That being said, I am sure if you're reading this that ship has passed.  If you've been cited for Refusal - you need the assistance of an experienced Minnesota DWI Attorney. 

Not only will they fight to preserve your rights and your future.  They also will be able to discern whether someone actually refused.  That's right - often these cases come into being not because someone says "no" to the test - but rather because there are times that an officer assumes such a response.  If that's the situation in your case call The Rolloff Law Office today at (612) 234-1165.  I believe I can root out the holes in these assumptions and in turn get you the best outcome possible.

Top 5 MN DWI Mistakes (and How To Avoid Them)

One in seven drivers in the State of Minnesota has been arrested Drunk Driving. To many, an arrest for DWI is considered the biggest mistake of their lives. However, instead of learning from that mistake, all too often these same individuals compound that error in judgement by committing the following missteps. 

Here are the Top 5 Post-Arrest Minnesota DWI  mistakes:

#5 - Not Taking a MN DWI Arrest Seriously

As like with almost no other charge on the books in the State of Minnesota, an conviction for Drunk Driving will follow you around for the rest of your life. Couple that with the fact that - in addition to the penalties that a judge will impose - there will be life long consequences such as driver's license revocations and increased motor vehicle insurance charges that you'll have to navigate. Moreover, a conviction can NEVER be Expunged from your record.

#4 -  Failing to Appear for Court and/or Driving After Your License Was Revoked

If you fail to show up for court, the judge issue a warrant for your arrest Then, the next time you are stopped for a traffic infraction, you will be spending some time in jail and probably be posting some bail to insure your future appearance in court.  Oh, and if your driving at the time (without a valid driver's license) expect to get another ticket for that too.

#3 - Failing to Hire an Experienced Minnesota DWI Attorney

DWI law is complex and to ensure that your constitutional rights are protected and that your arguments are heard you really need competent representation on your side. To win the results you desire, someone must effectively raise the right defenses - at the right time) -or you will lose your right to argue them forever. If you fail to do that, a winnable case could quickly become a loser. Think of it like seeking medical attention - for cuts and scrapes maybe Dr. Mom is okay; but, if you need someone to counsel your through a major medical procedure... you're goning to need a real doctor. As such, if you not a lawyer, maybe you better turn over your case to someone who knows how the system works.  See also: Believing That Googling "Minnesota DWI Defenses" Will Help You Handle Your Own Case.

#3 -   Taking the Government's First Settlement Offer.

In my experience, as both a lawyer for the government and as an experienced Minnesota Criminal Defense Attorney, I know that the first offer is seldom a bargain; rather it is often just a way for the prosecutor to get rid of a case without having to do too much work on it. Believe me, at this stage of the proceedings very few cases are dismissed or reduced to a non-alcohol related charge. In addition, if you just settle your case, you give up the biggest right you have - and that is to have the government prove its case against beyond a reasonable doubt. 

#2 -  Failing to Appear for Court and/or Driving After Your License Was Revoked

If you fail to show up for court, the judge issue a warrant for your arrest Then, the next time you are stopped for a traffic infraction, you will be spending some time in jail and probably be posting some bail to insure your future appearance in court.  Oh, and if your driving at the time (without a valid driver's license) expect to get another ticket for that too. 

#1 - Hiring an Attorney Based Only On What They're Charging

The government has nearly unlimited resources when it comes to prosecuting your case. To ensure your rights - and most specifically to preserve your future - you need to hire an attorney and pay a fee which will allow him to put in the time and effort your case requires to fight the state's case.  Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you choose your attorney based on the lowest bidder, he may not be able to put in the time necessary to protect you. He also may not have the right experience with Minnesota's DWI Laws. In stead of the cheapest guy - look for a reasonable, predictable fee.

What Should You Do?

When you hire a Minnesota Criminal Defense Attorney, you should consider more than just price. Ask yourself this, in addition to the out-of-pocket-costs you'll incur --- what else is important to you?  Do you want personal attention, aggressive representation, someone who is experienced in getting his clients just and fair results?

Hey, I've worked on both sides of the aisle - as a prosecutor and a criminal defense attorney. I know the law, I know the government's schemes and motivations - and as a result, I know how to get my clients the results they desire.  Oh, and, I charge a reasonable, well-earned fee.

If you or someone you know needs effective representation - feel free to contact me today to schedule a free, no obligation consultation.

The True Cost of a Minnesota DWI

If you've been arrested for DWI - chances are criminal charges are probably not far behind. But, believe me the "cost" of those charges is going to be more than just the fine or the jail time you could receive if you plead and/or are found to be guilty of that offense. This is why, when you approach the question of whether you should hire an experienced Minnesota Criminal Defense Attorney , you should look at it as an investment in your future - to preserve not only your rights... but also your pocketbook.

What You Could Be Facing

For someone convicted of Drunk Driving, the possible penalties you could face include: revocation of your driver's license, fines, and in some cases - jail time. However, in addition to the penalty a judge could impose, you could also be facing a number of hidden penalties.  One of these is the threat of an increase to your car insurance.  A conviction for Drunk Driving can double or even triple your rates in the short term.  One company, Progressive, asserts that they'll seek to charge you approximately double what you were previously paying if you are convicted of a DWI and that you should expect to pay that rate for it for at least a few years.
 
Another great article (link here) making almost the same point - suggests that unless your cab fare would be in excess of $10,000 - you may want to strongly consider paying pay for that taxi. 
 
Do the math, and after you add up the fines and the fees - as well as the increased insurance premiums - the final total will likely run into the thousands of dollars. Add to that the prospect of a criminal record that will follow you wherever you go - and I would hope that you see just how seriously you need to take these matters. 

Remember, you really only get one chance at these things; wouldn't you do whatever it took to protect yourself for the long term?

What Can You Do?
 
Understand this -  the money you spend today, could be the only insurance you have against the additional costs that you'll most assuredly have to pay in the future.  If you've been charged with a DWI you really need to consider the services of an experienced Minnesota Criminal Defense Attorney to represent you - if not for the here and now - then for the days and years to come. 

DWI Urine Testing (Explained)

It's enough to make you angry or even (to be a tad vulgar) - P*ssed Off. 

Minnesota, unlike nearly every other state in the union, insists on relying on an outmoded and (IMHO) unreliable means to determine an individuals blood alcohol-concentration - they test Urine. 

What's Wrong With Urine?

Urine samples, because of the wide array of problems and challenges available to an astute, experienced Minnesota Criminal Defense Attorney, are generally thought of as the least reliable of the three (blood, breath or Urine) types of chemical tests used to determine the amount of alcohol in an individuals system.

What does this mean for you? Well,the bad news is that it could lead to an unfair arrest and charges of Drunk Driving; however, do to the inherent problems in collecting and testing such samples - it could also be what gets your arrest and the subsequent charges dismissed.  Alas, the cost to getting to that point prohibits me from saying that that is "good" news.

What Problems?

There has been a lot of heated arguments made in court rooms throughout state around the issue of Urine testing as of late.  Often those battles are over: (i.) how the sample was collected and stored; (ii.) whether or not the person from who the sample was taken got a chance to first void his/her bladder before collection, and (iii.) if a warrant is necessary to collect such a sample in the first place.

What Should You Do?

The government has doctors, lawyers and various experts on its side - shouldn't you have the same sorts of protections working for you to ensure that they're doing their job correctly, that your rights are protected and so that you can get the outcome you desire?  If you answered YES to that question - you are taking responsibility, for yourself, your actions, and your future - as such, you should reach-out to an experienced Minnesota DWI Attorney.

The Rolloff Law Office picks apart every part of our client's DWI cases - from the conduct of law enforcement (their searches and seizures) down to an analysis of the scientific tests they require you to perform. No part of your arrest should  go unexamined.  Be smart, if you've been arrested (or believe that you will be charged with a crime shortly,) contact an attorney and learn your options.  Trust me - often it's the best investment against a uncertain future.

Minnesota DWI Arrest - Now What?

If you've been arrested for Drunk Driving - you probably have a million questions. These are some of the  most frequent questions I get.

• What's really going to happen to me as a result of my arrest?

Not only will you be facing the possibility of criminal sanctions - you also need to know you could lose your driver's license, have your vehilce's license plates impounded and be subject to having an Ignition Interlock Device installed . 

•What kind of penalty am I likely to get after DWI offense?

If it is your first offense, most judges order you to pay a fine, do some sort of community work-service and an have your alcohol use assessed.  If this is your second, third or fourth offense, then the penalties are more severe and could include increased fines, looooong jail sentences, and even the loss of your vehicle.

•Will it is dangerous to take a blood, breath or urine test if I'm asked?

In Minnesota, if you fail to test - back at the station - that's a crime in an of itself.  Before being asked to provide a sample for testing, take advantage of your right to consult an expereinced Minnesota DWI Attorney. Due to the recent changes in the state's DWI laws - you'd be foolish to do otherwise.

•Can a Minnesota DWI Lawyer help avoid a conviction for a first-time DWI arrest?

An experienced and qualified DWI lawyer can help you to avoid or reduce the penalties and punishments you might face, if you've been arrested for Drunk Driving. At a minimum, he'll ensure that the government followed standard procedures and if they failed to do so - he will make the proper arguments in court to ensure that those errors are pointed out.  

If you or someone you love has been arrested for Drunk Driving, you should immediately contact an experienced Minnesota DWI Lawyer to learn your rights and to begin the fight to get you the results you desire. 

The Breathalyzer (Explained)

Most Minnesota drivers are familiar with what a Breathalyzer is and what it is alleged to do.  (In Minnesota, the Intoxilyzer 5000 is the device of choice in most jurisdictions; however, that will soon be changing as it is phased out and new Datamaster machines are employed. 

At their most basic, these devices are used by law enforcement to determine if someone is Driving Drunk - to see if a driver's alcohol concentration is (.08) or greater. 

What Does (.08) or Greater Mean For You?

If you learn one thing today, I hope it is this - a breath test result of (.08) or greater does not necessarily mean that someone is too drunk to drive. Rather, all lawmakers have done is mandate that that level of alcohol concentration in someones system - (.08) or greater - is by itself enough to determine that someone is too drunk to drive. Ass such, nothing much else about one's ability to drive really matters. The result is the result - as far as the cop, prosecutors and all to often judges and juries are concerned. Therefore, instead of being able to make a case that a driver's perceptions, conduct, balance and/or judgement are not effected by the amount of alcohol in his or her system, the work of an experienced Minnesota DWI Attorney  is often centered around taking on a machine printout that by itself is presumed to prove someone is too drunk to drive a vehicle properly.

The Problems with Breath Testing

A breath tests top task is to test the level of ethyl alcohol in your blood. (One's breath is tested, instead of blood, because it is cheaper and less intrusive.)  This is done by determining the relationship between the alcohol content in one's breath and then extrapolating that number out to determine the alcohol content in one's blood. This can be done because one way alcohol is expelled from the body is through he deep tissues of the lungs which is then breathed out of the body.

However, because it is not blood - there can be problems.  Not the least of which is that the temperatures in the lungs changes throughout the process, IMHO limiting the true true relationship, or correlation, between the alcohol in your breath and in your blood - often leading to grossly inflated overestimations.  Another problem is that humans have been found to have ethanol alcohol in their systems - even without having having had consumed alcohol.  There are also extensive issues surrounding how one's breath is tested - and what the machine does and does not "read". 

At the end of the day, I feel comfortable asserting that breath test machines, like the Datamaster and the Intoxlyzer 5000, aren't 100% accurate. Therefore, the results they produce - the almighty number that will label you a Drunk Driver - is likely inaccurate. 

What Should You Do?

In addition to digesting the information collected here about the "hows" and the"whats" of Minnesota's DWI laws -  if you or someone you love has been arrested for DWI - your next best step is to contact an experienced Minnesota Criminal Defense Attorney to learn your rights and to have him fight for you in court.  

Do Not "Just Plead Guilty" to a DWI - Ever

There are things you regret in life, right?  Lost loves; great deals gone bye-bye, that time you should've zigged - but instead you zagged...  I am all for feeling down about the dumb things we do. The fact is we're human beings (as opposed to robots) and from time to time we will do dumb things - a lot of dumb things - and afterwards we often feel bad about it.  That being said, if that dumb decision leads to you being charged with Drunk Driving, don't compound the situation by doing something even dumber. Seriously, if you've been charged with a DWI (or any other crime) you owe it to yourself to speak with an experienced Minnesota Criminal Defense Attorney to help you with the situation. Here's the reason why.

A DWI conviction is unlike every other criminal conviction. There is no doubt that Drunk Driving is a bad thing, but so is driving while texting. But, because DWI has been saddled with such a negative connotation, lawmakers have created some extremely harsh penalties. For example, there are often mandatory jail sentences for first-time offenders, in addition to mandatory fines, license suspensions, increased insurance rates, and as of July 1, 2011, (here in the State of Minnesota,) the possibility of mandatory interlock ignition equipment. You'll also most likely be ordered to perform some sort of community service, submit to a mandatory alcohol assessment (and to follow all of the recommendations that come from it) and there is often a probationary term. If you hire an experienced Minnesota Drunk Driving Attorney, like me, to help you, a great deal of that can usually be avoided.

Alas, far too many people assume that because they've been arrested (for doing something "wrong"), they should own up to it. No offense, but if you do that, you're foolish.

In our state's criminal courts it's the government's burden to prove that the accused is guilty - beyond a reasonable doubt. That is a right that our forefathers fought for - why not use it?  If you go into court, believing that your doing the "right" thing by just pleading guilty - and expecting the system to understand - I'm sad to say, it just doesn't work like that.

What you get for your trouble is a DWI on your record -and everything that goes along with it. But, if you taken the time to hire an experienced Minnesota DWI Attorney and set him to go to work for you - you'll have someone on your side giving your desires a voice and you'll know that your rights will be protected.

In the end, we all get to make our own decisions - we all get to make our own mistakes. But every hard lesson need not come with the most severe punishment  Being altruistic, falling on your sword to show you take responsibility for what you've done, doesn't really win you any points with anyone. All it does is make your life harder.

If you are charged with a DWI, don't just go in and just plead guilty. Hire an experienced Minnesota DWI Attorney as soon as you can, and fight for your rights. Not only does this decision help you have some say in the punishment you'll receive, it will also demonstrate that in fact you are taking this matter seriously.