Rochester, MN DWI Attorney

Rochester Police Take DWI/DUI Cases Extremely Seriously

Anyone who has ever been stopped on suspicion of a DWI in Minnesota knows that law enforcement officers take these cases extremely seriously, and prosecutors want to do everything in their power to get DWI/DUI convictions. According to a fact sheet from the Minnesota House of Representatives, impaired driving is a significant problem in Rochester and throughout the state, and it is a frequent cause of serious and fatal car accidents. Indeed, in 2015, the state of Minnesota reported more than 25,000 impaired driving incidents in the state with more than 300 injuries and fatalities.

The City of Rochester Police Department routinely stops drivers who show indications of a DWI. Minnesota law allows law enforcement officers to administer chemical tests to determine whether a person’s alcohol content (AC) is above the legal limit. Refusal to take a blood, breath, or urine test can have severe consequences. A DWI attorney can help to fight the charges against you.

Understanding DWI Laws in Rochester, MN

Under Minnesota law, it is unlawful to drive or operate a vehicle, or otherwise be in control of a vehicle, when one of the following is true of the driver:

• Under the influence of alcohol, a controlled substance, or another intoxicating substance when the driver knows or should know that alcohol or another substance can lead to impairment;
• Has an alcohol concentration (AC) of 0.08 or higher;
• Has a schedule I or schedule II substance in the body that is not marijuana; or
• Has an alcohol concentration (AC) of 0.04 or higher while operating a commercial motor vehicle.

The following behaviors are also unlawful and in violation of Minnesota DWI law:

• Driver refuses to submit to a blood test, breath test, or urine test to determine whether the driver is intoxicated upon being stopped; or
• Driver refuses to submit to a blood test, breath test, or urine test to determine whether the driver is intoxicated when a warrant has been issued.

Common Defenses to Drunk Driving Charges in Rochester

There are many different defenses to drunk driving charges in Rochester, Minnesota. Some examples include but are not limited to the following:

• Unlawful stop of your vehicle;
• Problems or defects with chemical test used to determine alcohol content (AC) level;
• Improper administration of chemical test to determine sobriety or AC level;
• Involuntary intoxication;
• Sample contamination;
• Mouth alcohol;
• Person arrested was not the person driving the vehicle; and/or
• Medical condition that results in appearance of intoxication.

Depending upon the specific facts of your case, there may be a number of other defenses that we can raise in order to help you beat these charges. An aggressive DWI defense attorney can help you.

Penalties for a DWI Conviction in Rochester, MN

For a first-time conviction, DWI can result in either a misdemeanor conviction or a gross misdemeanor.

If you have an AC under 0.16 (but at or above 0.08), you can be convicted of a misdemeanor and can receive:

• $1,000 fine; and/or
• Up to 90 days of jail time.

If you have an AC at 0.16 or higher, you can be convicted of a gross misdemeanor and can receive the following penalties:

• $3,000 fine; and/or
• Up to 1 year in jail.

Even if you were not intoxicated but refuse a chemical test—a breath, blood, or urine test—you can be convicted of a gross misdemeanor and can receive the following penalties:

• $3,000 fine; and/or
• Up to 1 year in jail.

How a Rochester DWI Lawyer Can Help

Facing the court system in Rochester, MN can be confusing and even scary if you have never faced criminal offenses in the past. A dedicated and compassionate Rochester DWI attorney will advocate for you at the Olmsted County Government Center, and we will fight for you. Contact Kohlmeyer Hagen Law Office online or by phone at 507-625-5000.

Testimonial

This law firm is very experienced, very effective, and yet very personable when interacting with me throughout my nerve-wracking legal process. I’m completely satisfied with the outcome of my case. I would hire the Kohlmeyer Hagen Law Office again without hesitation. And, I have since recommended them to several friends and acquaintances.
– TOM W., CLIENT