DWI Defense FAQs
If you’ve been stopped for drunk driving, you need an attorney in your corner who is looking out for your best interests. Don’t expect the prosecutor to treat you lightly or offer you a generous plea deal.
As experienced Minnesota DWI defense attorneys, we receive many questions from the public. Below, we summarize some of the more common ones people ask.
Frequently Asked Questions
Read About DWI Defense FAQs
Will I Go to Jail?Jail time is a possibility, though it is unlikely if this is your first impaired driving offense and you have no aggravating factors, like a very high blood alcohol concentration (BAC) of 0.16 or higher, or any children in the vehicle with you at the time of arrest.
However, if you are a repeat offender or if there are aggravating factors present, then you are looking at a minimum amount of time in jail. You should talk about your case with an attorney.
Will I Lose My License?
Yes. There is something called administrative license revocation (ALR) which comes into effect if you refuse a roadside test or fail it. Your license is immediately revoked but you will receive a 7-day license that is temporary. Once the 7 days are up, your license is revoked for a certain amount of time.
If you have no aggravating factors and no prior impaired driving incidents within 10 years, your license will be revoked for at least 90 days. Your license will be revoked longer if you have aggravating circumstances or prior convictions or other administrative revocations.
You can fight any revocation by filing an appeal, but you’ll need a lawyer’s help. You might also qualify for a work permit, which can help you get to work, but you aren’t guaranteed one, either.
Do I Have Defenses to DUI?Yes. Even if you blew a high number on a chemical test, you still might be able to beat the charge. Many possible defenses include:
- The officer did not have probable cause to stop you. Lack of probable cause can result in charges getting thrown out.
- You did not consume alcohol and the breath test is picking up on something else.
- The chemical test was improperly administered or the results are compromised.
- Any incriminating statements you made should be thrown out, which can weaken a case against you.
Every DWI case is different. Our firm does not employ cookie cutter defense approaches but instead analyzes the facts of your case to identify the strongest defense possible.
Can I Have a Jury Trial?
Yes. You have the right to request a trial by jury. Jury trials typically last a day or two. If this is your first offense, you will have at most 6 jurors. If you have multiple impairment convictions recently, then you will have a felony jury trial, which has 12 jurors.
Why Do I Need a Lawyer?
Only an attorney understands how the prosecutor thinks. Sometimes, charges can be reduced or dismissed if the evidence is shaky, because prosecutors do not want to risk losing. An attorney also understands the limitations of chemical tests and might be able to poke holes in this evidence.