Although many states describe intoxicated driving as driving under the influence (DUI), Minnesota calls it driving while impaired (DWI). The labels are interchangeable, and the consequences are severe.
As an adult, your blood alcohol concentration must be below 0.08 to operate a motor vehicle. Our experienced criminal defense attorneys understand that people make mistakes, and we are here to help you know your legal options. Whether you have been charged with a first offense or have been arrested before, our Rochester DUI lawyers have more than five decades of experience that we can apply to help you.
Minnesota Revisor of Statutes 169A.20 defines driving while impaired as a crime involving operating, driving, or being in physical control of a motor vehicle while:
Under Minnesota laws, drivers can be charged with DWI if they have control over the vehicle, which means they do not have to be driving it. They may have possession of the keys while standing beside it. Many drivers also argue that although they register a 0.08 when a law enforcement officer administers a BAC test, they are not impaired. However, under the doctrine of per se DWI, if the BAC registers above the legal limit, the courts presume the driver is impaired. The laws are nuanced, and pitfalls abound, making it imperative that a Rochester DUI attorney defends those charged.
DWI penalties creep up along with the number of convictions amassed over the past 10 years. A first offense can send a driver to jail for up to 90 days with a fine up to $1,000, a second DWI comes with jail time of 30 days up to a year with a fine up to $3,000, and a third offense at least 90 days and up to a year in jail with a fine also up to $3,000.
The judge has the discretion to order probation instead of protracted jail time and send the offender to a suitable drug and alcohol program, which is mandatory with prior convictions. Offenders with at least three previous DWI convictions will be charged with a first-degree felony DWI upon the fourth and all subsequent arrests. Penalties include three to seven years in prison and fines up to $14,000, with mandatory participation in a chemical dependency program during a five-year period of probation following three years of incarceration. A Rochester attorney can help a person understand their options when they have been charged with a DUI.
All persons charged with crimes in the U.S. have a right to defend themselves by presenting evidence that refutes the prosecutor’s assertions. A skilled attorney from our firm will pull out all the stops to ensure a client is heard. Defenses may include that the arresting officer lacked probable cause to stop a driver who did not commit a traffic infraction or that the DWI test, a Breathalyzer, or especially the horizontal gaze nystagmus (HGN) test for eye movements, were inaccurate or administered improperly.
Drivers who are experiencing indigestion or who use mouthwash and other oral products may experience false DWI test results. A Rochester DUI attorney can also challenge the chain of command after the test is administered.
After a DWI arrest, you must make a choice, as a criminal conviction could impact your ability to get a job, loan, housing, and motor vehicle insurance. A Rochester DUI lawyer can help advocate for you.
We are so confident in our ability to help clients that we are the only firm that offers a payment plan for criminal cases because we know your future is at stake, and you deserve the best. Let our tenacious attorneys help you today. Call our firm to schedule a consultation meeting.
