Minnesota DWI Defense Attorney
A DWI charge in Minnesota can mean license revocation, jail time, and a permanent criminal record. The consequences escalate sharply with prior offenses or aggravating factors like high blood alcohol content or refusal to test.
What's At Stake
License revocation, mandatory minimum sentences, ignition interlock requirements, vehicle forfeiture, and a criminal record that affects employment and housing. A first-degree DWI, a felony, carries up to seven years in prison and a $14,000 fine. Even a fourth-degree misdemeanor DWI can result in 90 days in jail and a $1,000 fine.
How We Respond
We examine every element of the stop, the testing procedure, and the charging decision. Minnesota DWI law is highly technical: procedural errors by law enforcement can be the difference between conviction and dismissal. We challenge the legality of the stop, the administration of field sobriety tests, the calibration and operation of breath-testing equipment, and the sufficiency of the state's evidence.
What To Do Right Now
Do not discuss the incident with anyone other than your attorney. Write down everything you remember about the stop while it is fresh. Contact us immediately. There are time-sensitive deadlines for challenging your license revocation. You have 60 days from receipt of the notice of revocation to request a hearing to challenge your license revocation.
Common questions about dwi / dui offenses.
In Minnesota, the terms DWI (Driving While Impaired) and DUI (Driving Under the Influence) are often used interchangeably. Minnesota law uses the term DWI. The offense covers impairment by alcohol, controlled substances, or a combination of both.
Minnesota DWI offenses are classified in four degrees. Fourth-degree DWI is a misdemeanor (first offense, no aggravating factors). Third-degree is a gross misdemeanor (one aggravating factor or prior DWI within 10 years). Second-degree is a gross misdemeanor (two or more aggravating factors). First-degree is a felony (prior felony DWI or three or more prior DWIs within 10 years).
Minnesota's implied consent law makes refusal of a breath test a crime. Refusing a breath test is a gross misdemeanor and can be charged separately from the DWI itself. However, there are constitutional challenges to implied consent laws that an attorney can evaluate in your case.
A DWI conviction in Minnesota is a permanent part of your criminal record. However, Minnesota's expungement law may allow sealing of certain DWI records depending on the degree of the offense and the time elapsed since the conviction. Contact us to discuss your eligibility.
After a DWI arrest, a license revocation follows a notice of revocation, which can come weeks later after a blood or urine test. You have 60 days from receipt of that notice to request a hearing to challenge the revocation. An attorney can file this challenge on your behalf and argue for reinstatement or a limited license.
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Facing charges? We can help.
Contact VanMeveren Law Firm for a confidential consultation.
Contacting the firm does not create an attorney-client relationship.