Are you facing a first-time DWI in Mankato? If so, you may be wondering if you should speak with an attorney, what penalties you might face, and how this incident could impact your future. Understanding the legal implications of a driving while intoxicated (DWI) charge can help you make informed decisions about your defense, with a focus on achieving the best possible outcome and protecting your record. A determined DWI attorney can aggressively defend against charges and ensure your rights are protected in court.
According to Minnesota Statutes § 169A.095, someone who operates a motor vehicle with a BAC level above 0.08 or while under the influence of Schedule I substances, Schedule II substances, or cannabis may be charged with a DWI.
Usually, a first-time offense will be charged as either a third- or fourth-degree DWI in Mankato. A charge in the fourth degree is classified as a misdemeanor, while a charge in the third degree is considered a gross misdemeanor. The degree of the charge is determined by the level of impairment (third-degree charges apply to those with a BAC over 0.16) and the presence of aggravating factors, such as a firearm or a violation within a protected community zone.
Someone charged with a fourth-degree DWI may face penalties of up to $1,000 in fines and up to 90 days in jail. A third-degree DWI can carry steeper penalties of up to $3,000 in fines and up to 364 days in jail. Additionally, a DWI charge usually includes the revocation of the person’s driver’s license. Our Mankato attorneys have successfully defended clients against first-time DWI charges and know how to negotiate with the prosecution to achieve the best possible outcome.
Depending on the specifics of your case, your lawyer may work to get the charges dropped or, if not possible, advocate for alternative sentencing.
Especially for first-time convictions, it is possible to negotiate reduced penalties. One possible reduction is a limited revocation of a person’s driver’s license. This is commonly known as a “work permit” and limits when and under what conditions a convicted driver can operate a motor vehicle. Another possible option that allows an individual to continue driving a motor vehicle is an ignition interlock device program. These devices evaluate the driver’s blood alcohol concentration (BAC) before operating.
An attorney may also negotiate for lower fees or reduced jail time. These outcomes are often contingent on an agreement to enter a treatment program designed to reduce the defendant’s likelihood of driving while impaired in the future.
A DWI charge can have a lasting negative impact on a person’s life. Many people facing first-time DWI charges in Mankato wonder which options allow for the charge to be removed from their record. Depending on the specific details of the case, the case may be dropped altogether. For example, if there was a violation of policy or procedure on the part of the arresting officer or in the chain of custody following the arrest, a lawyer can build a strong claim to get the charges dropped.
After several years without repeat offenses, a person may also have the charges removed from their record through a process called expungement.
Our attorneys can conduct a thorough investigation to find weaknesses in the prosecution’s case and determine the most effective defense strategy.
If you are facing a first-time DWI in Mankato, you should contact an experienced attorney who will fiercely advocate on your behalf. An attorney can evaluate the details of your case to determine if there were any violations of your rights and potentially get your case dismissed. They can also negotiate on your behalf for reduced charges and penalties. Reach out to Kohlmeyer Hagen Law Office Chtd. today to learn how our 50+ years of criminal law experience can work to your advantage.
