Rochester, MN DWI Attorney


A Rochester DWI Attorney Can Help You Fight the Charges You Are Facing

Facing DWI charges in Rochester, MN can be daunting whether you are a first-time offender or have had previous DWI convictions. Minnesota takes the offense of driving while intoxicated, or driving under the influence of alcohol or drugs, extremely seriously, and there are significant penalties upon conviction. Not only can you be at risk of losing your driver’s license, but you also can be required to pay a substantial fine and, in many cases, to serve jail time. Subsequent offenders face additional penalties.

You do not want to have a DWI conviction on your record. An experienced DWI lawyer in Rochester, MN can help you to fight the charges against you. Do not hesitate to get in touch with the DWI law firm of Kohlmeyer Hagen to learn more about how we can assist with your case.

Rochester Police Take DWI/DUI Cases Extremely Serious

Anyone who has ever been stopped on suspicion of a DWI in Minnesota knows that law enforcement officers take these cases extremely serious, 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 beyond 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 online or by phone at 507-625-5000.

Meet Your Rochester Legal Team


Our Rochester, MN legal team provides exceptional representation based on our commitment to solve legal problems for our clients. With more than 30 combined years of experience, we have the experience to handle even the most complex legal needs.

Kohlmeyer Hagen Law Office Chtd. has received many accolades indicative of our talent and commitment to high quality legal representation. Several of our attorneys speak nationally and internationally.

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Exceptional Lawyer! Jason helped me through some tough situations. He has my strongest endorsement for anyone in need of legal help!

Kevin P, a Client

I highly recommend Thomas Hagen if you get a DWI and need a good lawyer. He did an amazing job of picking apart the states case which led to a not guilty verdict.

H. Hansen, a Client