Minnesota DWIs (Explained)

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

Driver's License Revocation

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

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

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

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

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

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

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

Minnesota DWIs and Forfeiture (Explained)

Under certain Minnesota laws, specifically those concerning Drunk Driving and DWIs,  the vehicle being driven by certain offenders may be subject to forfeiture and sale. Typically this occurs when someone has been arrested for his or her third DWI within a ten-year period.  This same result can also occur on a person's 1st or 2nd such arrest - if certain factors are present.

This is a quite complicated area of DWI law and as such you should consult with an experienced Minnesota Criminal Defense Attorney to ensure that your rights (and vehicle) are protected.

Generally speaking, vehicles operated by a drunk driver are subject to forfeiture in Minnesota if:

(i.) The vehicle was used in the commission of a designated offense and the driver was convicted of that offense or failed to appear at trial; or
(ii.) The driver had an alcohol concentration of .20 or more; or
(iii.) The vehicle was used in conduct resulting in license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner or the revocation is sustained upon review.

The forfeiture only applies to the vehicle being driven - a second, third, fourth, etc. car or truck owned by the same individual, but not driven while intoxicated, are not subject to forfeiture.  Additionally, certain vehicle owners are protected if they unknowingly allow a drunk driver to use their vehicle.

What Happens to the Vehicle?

After the forfeiture process is compete, law enforcement may keep the vehicle for its own, official use.  They might also seek to sell it at acution.

What Should You Do?

If you have been charged with drunk driving in Minnesota and your vehicle may be subject to forfeiture, contact the Rolloff Law Office for information about your legal rights and recovery of your property.  Call today - (612) 234-1165 for a free, no obligation, consultation.

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. 

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. 

Dear Potential Client...

I've been doing this long enough to know that someone who has been charged with a DWI and/or Drunk Driving has A LOT of questions.  Although no two cases are the same, the concerns by those that I represent are often quite similar.  As such, I thought I would take some time to offer a few thoughts on the three most frequently asked questions and/or concerns.  Hopefully, you'll not only better be better able to know what you need when you're considering hiring a Minnesota DWI Attorney - if you choose to retain The Rolloff Law Office, you'll know upfront what you're getting and what your money is going toward.

#1.  If You're Only Thinking About Price - You're Not Thinking Right

Believe it or not, the most expensive attorneys are not always the best attorneys.  However, when you only think about price - and you're dead set on going with the least expensive option - you often end up getting just what you pay for.  Understanding that, what's an individual to do?  

As a former prosecutor, I saw that too many defendants were overcharged and underserved by their lawyers.  That is why, when I set up my office, I looked at those things that were essential to defending my clients and I set my fees with that in mind. I like to say, I put my money where my heart was.  As such, if you visit my office, you're not going to see fancy pictures on the walls or fountains in the lobby - that stuff doesn't protect you or your family or your future.

That being said, I'm certaninly not the most expensive Minnesota Criminal Defense Attorney out there - but I'm not the cheapest either. 

Here is something to consider - the legal services provided by an experienced Minnesota Criminal Defense Attorney are not a commodity.  What one attorney does is unique to him or her - no two lawyers are the same.  Some are better than others, some actually answer the phone when you call and some actually take the time to explain what's going on with your case - and how that effects you.

Because we're not all the same - we all don't charge the same price. Like with professional atheletes, if you want a "Joe Mauer" you have to pay for that premium talent. But, that's not to say, you can't find a hardworking up and commer at a steal, who'll put his heart and soul into your case - and you'll know that your money was well spent. 

If you or someone you love has been charged with a Minnesota DWI and you're only considering the cheapest attorneys out there to help you - then you might not want to call me. But, that being said, if you want your hard earned money going entirely toward defending your future and your rights - with someone one who puts your questions, and your concerns 1st - then maybe we should talk.

Remember, a Drunk Driving conviction will be with you for a long time. In addition to the penealty imposed by the court, your driving privileges, employment opportunities, and ability to travel internatinally may also be impacted. In addition, there could be immigration and addional financial consequences to consider.  Therefore, when choosing an attorney to help you - focusing on the short term (ie., price) should not be your only consideration; you also need to consider the long term ramifications and how an attorney will assit you down the road.

#2 - I Can't Guarnetee That You'll Beat Your DWI Charge

Don't get me wrong, I believe that every DWI case can be won. But, because the government essentially holds all of the cards, and in their minds an arrest all but equals a conviction, victories don't come easy. What this often means is that, if you want to win your case - if you want to beat your DWI outright - you're probably going to have to dig in for the long hall and push the matter to trial (and even then, nothing is a given.)

I understand that time are tough, financially and otherwise.  The same goes for us Minnesota Criminal Defense Attorneys. For some, tough times, often call for desperate measures. 

Oh, the things I've heard about how other attorneys often try to get business - offering up any and everything to get a fee - by all but insuring that they will get their clients a NOT GULTY result.  Maybe they can back that up, but because my experience is that nothing in the law is certain, to me - it smacks of desperation.  And, the last thing someone facing all of the turmoil that often accompanys a DWI arrest needs is a representative who is desperate - who is only looking out for that next fee and who after getting their client's money does little in the way to have actually earned it.  Often, fee generation, and not what's best for their client is the number one motivator. This does not help you.

The reality of Drunk Driving defense work is that there is no such thing as a guarentee. Often the final result will depend on factors outside the control of even the best attorneys. Therefore, to get good results, you need a lawyer who will be willing to put in the time and effort to root out the weaknesses in your case - someone who'll put in the time and effort to get ytou the results you desire. 

It might sound corny, but I treat my clients like family - and like you, I'd do anything for my family.  But there are also those times, you need to "cut to the quick" and talk straight.  If you want someone by your side - figthing to get you the best possible result under the circumstance, and who'll tell you the truth no matter what - then maybe we should talk.  

3. Choose the Minnesota DWI Attorney Who Sent You that Mailer at Your Peril. 

There's a plan that Minnesota DWI Lawyers can buy into that daily checks out a county's arrest records and then sends out a letter to anyone who has been arrested for Drunk Driving.  These mailings usually try to scare the crap out of you - screaming that because of your arrest your life is ruined, telling you that you must act immediately to get help and asserting that (although they know nothing about the facts of your case) they can take care of evey aspect of your case and an unbelieveably low price.  

The lawyers that use this type of service arent bad guys, but I do question their tactics.  Fear, although a strong motivator, is not the best way to demonstrate the sort of care and compassion you need when facing this sort of dillema.  Also, I have an issue with the "low prices" often cited in these mailers. How can someone quote you a price without knowing a little something about your case, about your questions and about your concerns?  No two DWI cases are alike, therefore, how can someone - based on your arrest alone - know the things that are necessary to you and your case?  Somone who quotes you a price, without knowing anything about you and your case - in my humble opinion - is someone you should look out for - because odds are - they're not to keen about looking out for you.

Sure, lawyers need to advertise their services to be seen - to let people know what it is that they do. But if they are already playing to the lowest common denominators - before you even talk to them (price, fear, connections,) in my opinion, that's not a good sign.

If you or someone you care about is facing criminal charges, contact me, a Minnesota Criminal Defense Attorney and DWI Lawyer, to set up a free – no obligation - consultation.  Feel free to reach me in confidence at 612.234.1165 or jay@rollofflaw.com

If You Think You Need an Attorney...

You probably need an attorney.

Believe it or not, a lot of people won't even consider hiring an experienced Minnesota Criminal Defense Attorney when charged with a crime --- like a DWI or Drunk Driving. 

Why?

One reason is that they think that attorneys are far too expensive for them to afford. Well, the truth is that lawyers ARE pricey - but they're nowhere near as expensive as a DWI conviction.

A good attorney can cost you anywhere between from $1,000 to up to $5,000 (or more) to handle your case from the first hearing through to the jury's verdict.

While this isn't as expensive as many people believe - I agree it can put quite a big dent in your budget.

How can I say this "isn't expensive" - well, consider what a DWI conviction often means something more than money.  Sure, there are the fines, the court-ordered classes and examinations, the driver's license reinstatement fee - and the hit to your insurance; but, you also have to think about the consequences to your future if you incur a criminal conviction. 

Now, I'm not just saying this because I am an attorney, talk to your friends and family who have employed the services of a good, experienced Minnesota Criminal Defense Attorney --- good lawyers can make sure that you avoid the some of the pitfalls listed above. 

Ask yourself this, who knows better what's going on in court room - you or an attorney? Who is going to get a case dismissed, evidence excluded, or a decent settlement for you - can you do that? Or do you need an attorney? 

When you're sick, you go to a doctor.  When you legally unhealthy, you should talk to a lawyer.

Minnesota DWIs - Physical Control (Explained)

In 2008, almost 36,000 DWI convictions were logged in the State of Minnesota.  That same inventory reported that nearly 1 in 8 adult Minnesotans have a DWI on their criminal record.

That being said, as you may well be aware, it's not against the law to drink and drive.  Yes - you heard it here - you can drink and drive and not be charged with a crime. 

So, what is it that gets you arrested for Drunk Driving?  Minnesota's DWI law makes it a crime to:

Drive, Operate, or be in Physical Control of any motor vehicle - anywhere in the state while: 

• under the influence of alcohol, a controlled substance, or (knowingly) a hazardous substance, or any combination of these;
• having an alcohol concentration (AC) of .08 (.08 is defined as .08 percent alcohol concentration or 8/10,000ths by volume) or more at the time, or within two hours of driving, operating, or in physical control;
• having any amount of a schedule I or schedule II controlled substance (other than marijuana) in the body; or
• if the vehicle is a commercial motor vehicle, having an alcohol concentration of .04 or more at the time, or within two hours of driving, operating, or in physical control or a motor vehicle.

As with any well (or poorly) written law, there are any number of terms that only a Minnesota DWI Attorney could love. Sure, the terms "drive" and (to an extent) "operate" are fairly straight forward, but, what about "physical control" - what could that mean. 

Physical Control

In an attempt to keep as many people who have been drinking from getting into their vehicles and driving, the Minnesota Supreme Court has interpreted the term "physical control" quite broadly - incorporating conduct that would only make sense to a judge and/or a lawyer.

Such as, did you know - an intoxicated person who has been found in a parked car, with the keys in his or her pocket, is in "physical control" and can arrested and charged with a Minnesota DWI. Or, that someone standing behind their vehicle, which was running, is in physical control of that vehicle - even though it had a flat tire - when the keys were located in the ignition, and no one else was around.

Whether or not someone is in "physical control" of a vehicle is a very fact-specific question. One way to refute the "rush to judgement" of the government - is to speak to an experienced Minnesota DWI Attorney.  Remember, just because you've been charged with s crime does not mean you will be found guilty.

Minnesota DWIs - Charging (Explained)

In the State of Minnesota there are four degrees of Drunk Driving. Generally speaking, the penalties for a Minnesota DWI are based upon the number of aggravating factors present at the time the crime was allegedly committed.

Aggravating factors include:

• A blood, breath or urine test showing an alcohol concentration of .20 or more as measured at the time, or within two hours of driving, operating or being in physical control of a motor vehicle;
• The presence of a child under the age of 16 in the vehicle - at the time of your arrest, if the child is more than 36 months younger than the driver; and/or
• A qualified prior impaired driving incident - within ten years of the date of the new offense.

Qualified prior driving incidents include both: (i.) prior DWI convictions, and (ii.) prior impaired driving-related losses of one's driver's license or operating privileges. 

For separate "driving incidents" - those could involve convictions in any kind of motor vehicle - including a passenger motor vehicle, a Head Start bus, a commercial motor vehicle, an airplane, a snowmobile, an all-terrain vehicle, an off-road recreational vehicle, or even a motorboat.

Prior impaired driving-related losses of license include - Implied Consent revocations. An example of this might be - someone was arrested for a DWI and lost their driver's license; but, the DWI criminal charges were eventually plead down (to something like Careless Driving,) dismissed outright by the government and/or the person charged won at trial.

So, How will you Be Charged? 

• If there were zero factors are present at the time of arrest, then you will be charged with a 4th Degree DWI - a Misdemeanor. The maximum penalty is a fine of $1,000 and/or a 90 day jail sentence.   
• If one factor is present then you will be charged with a 3rd Degree DWI - a Gross Misdemeanor. The maximum penalty is a fine of $3,000 and/or a 1 year jail sentence. 
• If two factors are present then you will be charged with a 2nd Degree DWI - a Gross Misdemeanor. The maximum penalty is also a fine of $3,000 and/or a 1 year jail sentence.   

Also, if this is your Fourth DWI arrest - over a 10 year period - you could be charged with a 1st Degree DWI - a Felony. The maximum penalty is 7 years in prison and/or $14,000 fine.

Confused? You're not alone.

I do this everyday - and there are still times that it still sounds like Greek to me. 

That being said, you can make sure that you get the information you need - and the best defense possible against these charges by speaking to an experienced Minnesota DWI Attorney.