Questions & Answers
WHAT ARE THE CONSEQUENCES AND PENALTIES OF A DWI/DUI CHARGE?
A conviction for DWI/DUI (“drunk driving”) generally remains on your driving and criminal record for life, possibly preventing job opportunities and limiting travel to some foreign countries in the future. A first time DWI/DUI is punishable in Minnesota by 90-days in Jail and a $1,000 fine. The penalty for each subsequent DWI/DUI conviction is enhanced and can result in a felony conviction.
In addition, the state of Minnesota imposes civil penalties on those charged with an alcohol related driving offense. Even if the criminal case is dismissed, the civil penalties will remain unless properly contested. The most common type of civil penalty imposed in Minnesota is license revocation (generally 90 days for a first time offense.) The law also provides for vehicle and license plate seizure in certain circumstances. The process of fighting these civil penalties is completely separate from the criminal case. An experienced DWI/DUI lawyer has the knowledge to fight both the criminal charge and the civil penalties.
MUST I SUBMIT TO A TEST?
When a driver is suspected of a DWI/DUI, an officer is given the statutory “option” of asking that you submit to a chemical test of your breath (most commonly administered), and may request a blood or urine test. Minnesota law permits a person to REFUSE to submit to testing. However, refusal to take a breath test is a criminal offense in Minnesota. Test refusal carries essentially the same penalties as a DWI/DUI and most often will result in more severe administrative sanctions such as a longer period of license revocation or vehicle forfeiture.
HAVE MY RIGHTS BEEN VIOLATED?
Minnesota's implied consent laws set out very particular procedures that police officers must follow, from the initial stop through charging you with a crime. In addition, the federal and state constitutions provide a myriad of rights that may have been violated. If your rights were violated, you may be entitled to have your case dismissed.
DO I REALLY NEED A LAWYER?
A trained DWI/DUI attorney can give you many distinct advantages when dealing with a DWI/DUI charge. A knowledgeable attorney may be able to have your criminal case dismissed, expedite reinstatement of your driving privileges, and work with you to minimize the long-term effects on your automobile insurance.
It is recommended that you consult a DWI/DUI attorney as soon as possible following your arrest, as state law provides strict deadlines for certain helpful procedures.
DO I HAVE TO PAY FOR AN INITIAL CONSULTATION?
An attorney will provide an initial evaluation of your case at no charge.
CAN I FIGHT THE BREATH TEST RESULTS?
Having an attorney who is trained to know the breath machine’s LIMITATIONS and weaknesses is the first priority if you decide to fight your DWI/DUI case in court. All Breath Tests are subject to challenge, and a knowledgeable DWI/DUI attorney will know when it is appropriate to attack.
The teams of attorneys at Haerter Steele & Associates are equipped with this knowledge and have the trial skills required to fight your case.
