Minnesota’s Implied Consent Law
State law presumes that any motorist who operates a vehicle has impliedly consented to allow a breath, blood, or urine test to determine the presence of alcohol.
Refusal to take the BAC chemical test is a separate crime with harsh penalties, usually in addition to a DWI.
While this summary may be helpful, there are many other complicated subtleties involved with the statutes and administrative regulations. You can rely on our St. Paul, MN DWI lawyers to explain how the laws apply to your case.
Criminal Penalties and Other Consequences for a DUI Conviction
The exact nature of the criminal penalties and administrative sanctions for a DWI in Minnesota depends upon a number of factors, the most critical being your history with drunk driving convictions.
Therefore:
- For a first offense with a BAC of .08 to .15, you could be sentenced to three months in jail, a maximum fine of $1,000, and a 90-day revocation of your driver’s license. The penalties are increased to up to one year in jail, a $3,000 fine, and a one-year revocation of driving privileges if your test result revealed a BAC of .16 or higher, even on a first offense.
- A second offense for drunk driving within a ten-year period may lead to one-year incarceration, a fine up to $3,000, and a one-year driver’s license revocation.
- The stakes are much higher for each subsequent conviction, especially where aggravating circumstances are present, such as a BAC of .16 or higher. You could face gross misdemeanor charges or even a felony charge that carries up to seven years imprisonment. Your driver’s license could be completely canceled, and your fine may reach $14,000.
Collateral Consequences
In addition to fines, jail time, and implications for your driving privileges, there are other consequences for a DWI that you may not expect.
For instance:
- You may have to install an ignition interlock device (IID) on your car once your revocation is complete. This device will prevent your car from starting if it detects alcohol when you blow into it. The cost of installation and monthly service is your responsibility.
- Your auto insurance premiums will likely skyrocket, as insurers usually increase the rates for “high risk” drivers.
- A DWI conviction will remain part of your criminal record, so it may show up if you’re subject to a background check for purposes of employment, loans, education, and other reasons.
- The state may seize your vehicle – take it away from you – and attempt to forfeit the vehicle – permanently remove it from your possession. The state may seek to forfeit your vehicle on a second offense in a ten-year period if your BAC on that second offense is .16 or higher. The state will almost certainly come after your vehicle on a third, or more, offense in a ten-year period.
There are additional consequences for a conviction on drunk driving charges, including mandatory alcohol abuse counseling and impoundment of license plates. A Minnesota DWI attorney can explain in more detail.
Take Action After an Arrest for DWI in Minnesota
Your first step after being charged with drunk driving is to consult with a DWI attorney in Minneapolis or St. Paul.
See what our clients have to say about our services:
Some other tips may be useful to protect your rights and potentially support your defense strategy, such as:
- Don’t resist police efforts when they’re making the arrest. Fighting or otherwise interfering with officers could lead to much more serious criminal charges.
- Avoid making any statements or professing your innocence when charged with DWI. If officers ask where you were going to or coming from, politely decline to answer and tell them you need to speak with your lawyer.
- Enroll in an alcohol or substance abuse counseling course right away. It’s likely that this will be court-ordered anyway, so you can get started even before your court date. Taking the initiative can go a long way in convincing the judge that you take the drunk driving arrest seriously.
Defenses to DUI
Minnesota law makes it difficult to challenge a DUI charge with provisions such as implied consent and merely needing to be in physical control of the car as opposed to actually driving it.
However, it is not impossible, and there are defenses to this crime. An experienced Minnesota DUI lawyer can help you formulate a strong defense!
Let’s discuss three common defenses to a DUI offense.
No Reasonable Suspicion
Did the officer have reasonable suspicion to stop your vehicle in the first place? Challenging the initial motor vehicle stop is one of the best ways to get your DUI charge dismissed.
While this might not apply in every situation, it is certainly something an experienced DUI attorney will look at closely. If the court finds the police did not have reasonable suspicion to stop you, then any evidence stemming from the stop will be suppressed.
With no evidence against you, the prosecutor could be forced to dismiss your case.
No Probable Cause
Establishing reasonable suspicion is a lower bar than finding probable cause. And while police only need reasonable suspicion of a crime to pull you over, they must have probable cause to arrest you.
Therefore, you might be able to challenge whether the police had probable cause to arrest you. Typically, in DUI cases, the police will use their own observations and a breath test to establish probable cause that you are intoxicated.
So one way to challenge probable cause is to challenge the breath test.
DWI Case Dismissed
THE CASE: Client was charged with 4th Degree DWI following a bogus traffic stop. The arresting officer strongly believed the client was impaired, despite hardly any evidence to support her suspicions. The officer made the client take a portable breath test, known as a PBT. The client’s PBT result was only .02. The officer refused to let the client go, arrested him, and booked him into jail. The officer then convinced a Judge to authorize a search warrant for a blood draw. The blood test results convincingly proved the client was not impaired or under the influence of any substances at the time of his arrest.
CASE RESULT: We were able to convince the prosecutor that there was no evidence to support the arrest or the DWI charge. The prosecutor agreed and dismissed the case. We’re now in the process of sealing the client’s records.
Challenge the Breathalyzer
Evidence and supporting case law show that these machines are not always reliable. It may be possible to challenge the breathalyzer’s accuracy, reliability, and measurements.
Perhaps the police administered the test incorrectly. Or perhaps the machine was not well calibrated or maintained. There are a few different ways to challenge your breathalyzer results, and a successful challenge might get your case dismissed.
Your best chance of successfully defending a DUI charge is to hire a reputable and skilled DUI attorney. At Arechigo & Stokka, we have you covered! Contact us today to get started.
Contact a St. Paul, Minnesota DWI Lawyer to Schedule Your Free Consultation
For more information on DWI charges, penalties, and defense options, please contact Arechigo & Stokka, P.A. to set up a complimentary consultation.
You can speak with an attorney at our St. Paul, MN office by calling 651-222-6603 or contacting us online.
Where to find our St. Paul, MN office:
FAQ
Should I Hire an Attorney Even for a First Offense?
Yes, you should hire a knowledgeable DUI lawyer in Minnesota, even if it is your first offense.
DUIs are prosecuted harshly, and even a first conviction carries steep penalties. The best chance of reducing those penalties is to retain a Minnesota DUI lawyer.
Can a DUI be a Felony in Minnesota?
Depending on the circumstances, a DUI can be a felony charge. In Minnesota, a first-degree DUI is considered a felony.
You could be charged with a first-degree DUI if you have three or more prior DUIs within the past 10 years.
Will I Be Able to Obtain a Restricted License to Drive to Work?
Whether or not you are eligible for a restricted or limited license allowing you to drive under certain circumstances (e.g., to and from work) depends on several factors.
These factors include your BAC level at the time of the arrest and your prior criminal record. Our experienced Minnesota DUI lawyer will help determine if you may be eligible for a limited license.
Our DWI attorneys in St. Paul, MN can tell you more about strategies to fight drunk driving charges after reviewing the details of your case.
