Southern Minnesota DWI Attorney

Item: Kohlmeyer Hagen Law Office Chtd.
Rating: 5
Author: Alexis U.

Where you arrested for a DWI or DUI in Minnesota?

At Kohlmeyer Hagen, Law Office Chtd., our Southern Minnesota DWI defense attorneys are passionate, skilled, and solutions-focused advocates for justice. With deep experience handling the full range of DWI charges, our legal team will protect your rights. If you or someone you care about was charged with intoxicated driving, we are here to help. To set up a fully confidential consultation with a drunk driving defense attorney in Southern Minnesota, please contact us at our Mankato law office or our Rochester law office.

An Overview of DWI Charges in Minnesota

Were you arrested for a DWI or DUI in Minnesota? If so, it is imperative that you take immediate action to protect your rights. You cannot rely on police or prosecutors to look out for your best interests. Under Minnesota law (Minnesota Statute §169A.20), driving while impaired (DWI) is a serious criminal offense. A DWI is the official term for the charge in our state. Though, you may also hear it referred to as driving under the influence (DUI). It is effectively the same charge. A driver can be arrested and charged with a DWI in Minnesota if:

They are found to be in actual physical of control of a motor vehicle; and
They are impaired by alcohol or drugs.

In Minnesota, the greatest permissible blood alcohol concentration (BAC) level is 0.08 percent. If your BAC is above 0.08 percent, you can be arrested and charged with drunk driving. Notably, the maximum legal limit for alcohol in Minnesota is actually even lower than that in a few specific circumstances. A driver operating a commercial vehicle cannot have a BAC higher than 0.04. Further, Minnesota has a zero-tolerance, not-a-drop law for underage drivers. A driver who is younger than 21 could be arrested for a DWI charge if they have alcohol in their system.

Understanding the Minnesota Implied Consent Law

Similar to other states, Minnesota has an implied consent law. In effect, this law means that all drivers on public roads in the state “pre-consent” to post-DWI arrest chemical testing. If you are arrested for DWI, you are required to provide a chemical sample, such as blowing into a breathalyzer. If you refuse to provide a sample, you can be charged with a DWI refusal. You could also still be charged with a drunk driving offense. To get more information about DWI refusal, please do not hesitate to contact our Southern Minnesota criminal defense lawyer.

What are the Penalties for a DWI Conviction?

A DWI is a serious criminal offense in Minnesota. A person convicted of a DWI will face significant criminal penalties. The punishment will vary based on a number of different specific factors—with the most important being the defendant’s history of prior DWIs/DUIS or lack thereof. Minnesota has a ten year lookback period for DWIs. A very old DWI offense may not impact your penalties. Here is a general overview of the DWI penalties in Minnesota:

First Time DWI Offense: A maximum $1,000 fine, up to 90 days in jail, and a license revocation of up to 90 days, and the installation of an ignition interlock device on your car.

Second Time DWI Offense: A maximum $3,000 fine, a minimum of 30 days in jail and a maximum of one year in jail, a one year driver’s license revocation, and the installation of an ignition interlock device on your vehicle.

Third Time DWI Offense: A maximum $3,000 fine, a minimum of 90 days in jail and a maximum of one year in jail, a minimum three year driver’s license revocation, and the installation of an ignition interlock device on your vehicle.

An Aggravating Factor Could Lead to a More Severe DWI Charge or DWI Penalties

Your history (or lack of history) of DWI offenses is not the only issue that will affect your penalties. You could face a more harsh DWI charge or DWI sentence if an “aggravating factor” was present. Some notable examples of an aggravating factor that could make a DWI charge or DUI charge more serious include:

High degree of intoxication (BAC of 0.16 or higher);
A child being present within the vehicle; or
Causing a serious or fatal accident while intoxicated.

What to Know About a DWI Arrest and Your License

As noted above, a DWI conviction is likely to lead to the revocation of your license. You could be entitled to a limited purpose license during this period of revocation. That being said, a DWI arrest could also lead to a more immediate suspension of your driving privileges. This is called an administrative suspension. If you do not take immediate action to address the administrative suspension, you may lose your license without ever actually being convicted. Our Southern Minnesota DWI defense attorney will help you take action to save your license.

How Our Minnesota DWI Defense Lawyer Can Help

Few things are more stressful, frustrating, or downright scary than facing a criminal charge. A DWI arrest is a serious matter. You should not go up against the police and the prosecutors alone. At Kohlmeyer Hagen, Law Office Chtd., we provide proactive representation in drunk and drugged driving cases. Among other things, our Southern Minnesota DWI defense attorneys are prepared to:

Conduct a comprehensive, review of your case;
Answer questions and explain your legal rights and legal options;
Investigate the charges―ensuring that your rights were respected by police;
Gather and organize all evidence that can be used to exonerate you; and
Craft a personalized legal strategy focused on securing your future.

Contact Our Southern Minnesota DWI Defense Attorney

At Kohlmeyer Hagen, Law Office Chtd., our Southern Minnesota DWI defense lawyer is an aggressive, relentless advocate for justice. If you or someone close to you was arrested for impaired driving, we can help. Contact us today for a fully confidential review of your charges. With law offices in Mankato and Rochester, we provide DWI defense representation throughout all of Southern Minnesota, including in Blue Earth County, Nicollet County, Le Sueur County, Olmsted County, Waseca County, Rice County, and Dodge County.

Areas of DUI / DWI

Underage DWI

Frequently Asked Questions

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What will happen at a DWI defense trial in Southern Minnesota?

You have the right to request a trial by jury if your offense is deemed to be a misdemeanor or gross misdemeanor. If you haven’t been charged with more than three DWI or DUI offenses in the past 10 years, you can expect the trial to last 1-2 days, and the jury to amount to six individuals residing in the county in which you have been charged. If, however, you already have three DUI or DWI charges accumulated within the last 10 years, you will go through what is called a felony trial. In Minnesota, a felony trial means you have the right to be judged by a jury of 12 individuals from your own county.

The first step of any trial is the selection of the individuals who will make up the jury. Jury selection can take several hours, as your attorney will do his or her best to find jury members that will be impartial and that will be able to review and judge your case in a neutral fashion. Once everyone agrees on who will constitute the jury, the prosecutor in your case will make his or her opening statement, explaining to the jury their understanding of your case and the reason and way he or she will go about convincing them that you are guilty of driving while impaired or driving under the influence. It will then be your attorney’s turn to make his or her opening statement. He or she will take advantage of this time to show the jury what problems or flaws he or she sees in the prosecutor’s case. This might include showing that the Intoxilyzer test was inaccurate, that the blood draw wasn’t performed properly or any other process that might not be valid depending on the specifics of your case.

Once both parties have made their opening statements, witnesses will be called to testify. These witnesses might include the police officer who arrested you, the individual who performed the Intoxilyzer test and any other person the prosecutor believes will help convict you of a DWI or DUI. Your lawyer’s approach during this time will be to get involved in the questioning process and point out any inconsistency in each of the witness’s testimony. Once the prosecutor is finished presenting his or her case, it will be your turn to call witnesses to the bar. These witnesses will be called to help show that you are not guilty of committing a DWI or DUI and might include individuals such as eyewitnesses, passengers who were with you at the time of the arrest, or a blood alcohol expert who can explain why the test was not performed properly and should, therefore, be disregarded. At the end of testimonies, both your lawyer and the prosecutor will make their closing statements and the members of the jury will be asked to proceed to the jury room to deliberate on your case. This means they will review the evidence and testimonies of all the witnesses, discuss the prosecutor and your lawyer’s arguments, and ultimately come to a unanimous decision on whether or not you are guilty of the crime for which you were charged.

As you can see from these proceedings, a trial is not a simple process. This is an outline of how processes go for the most part, but as every trial is different, many twists and turns can influence whether or not you will walk away free and without conviction. This is why it is extremely important that you contact a lawyer specializing in DUI and DWI cases as soon as possible. Not just any generalist attorney can successfully navigate the complex and intricate laws that are specific to DUI and DWI cases. Thankfully for you, in Minnesota, you can count on the expert advice and representation that Kohlmeyer Hagen Law Office has to offer.

What Are Negotiations?

Many cases do not even go to trial, as they are settled by entering into plea bargains with the prosecutor. During negotiations, your attorney will speak with the prosecutor and point out the problems, flaws and gaps he or she sees in the prosecutor’s case. In order for negotiations to turn in your favor, and hopefully avoid you having to go to trial, your attorney must be extremely skilled and experienced in handling DWI and DUI cases. The best outcomes in negotiations literally come down to how well your attorney can study and take apart the prosecutor’s case to prove to them that they will not get a conviction by going through trial, and to convince them that it is better for everyone involved to settle the case outside of the courtroom through the negotiation process.

If you have been charged with a DWI or DUI in Minnesota, call our law office without delay. We will offer you a consultation and will be happy to put our years of experience in DUI and DWI cases at your service to help you put this experience behind you and move on with your life.

Drivers License suspended:

So If I’m Innocent, The Judge Will Give Me Back My Driver’s License, Right?

Wrong. Many people believe that the judge overseeing your DUI or DWI trial has the authority to take or give you back your driver’s license. This is false. In Minnesota, in order to get your driver’s license back or to ensure that no charges will appear on your record, you are required to file a separate civil lawsuit, called a Petition for Judicial Review or an “Implied Consent Petition.” This lawsuit must be filed within 30 days of your arrest (not your conviction), so it is very important to start proceedings as quickly as possible.

What if I REALLY need my license?

The fact you really need your license is not a factor. Neither the judge or the Department of Public Safety, Motor Vehicle Division, will take this into consideration when sentencing or deciding whether or not to revoke your license.

But what if I REALLY, REALLY need my license to work, and to take care of my family’s needs?

Unfortunately, in Minnesota, the law does not allow for any exceptions that would enable you to get your driver’s license back. DWI/DUI laws seem to be written based on areas such as Minneapolis/St. Paul, which have reliable and extensive public transportation systems. Unfortunately, what it really comes down to if you live in St. James, Mankato, St. Peter, Fairmont, or Jackson is that you simply can not use alternative ways of getting around like taking the bus, light-rail, or even a taxi, and that is not factored into the judge’s decision of giving you a work permit or your driver’s license back.

If you lost your driver’s license and do not have access to alternative public transportation, you need to explore other ways of going about your life. Here are a few suggestions that will allow you to get around even though you cannot drive:

Ask friends, relatives, co-workers or neighbors to carpool
Hire someone to drive you around for a few weeks
Wherever possible, ask the grocery store to deliver your groceries
If possible, consider riding a bicycle to work

Of course, you need to consider whether your current wages are worth the money you might spend on various services, like a hired driver. Your best option remains to hire a skilled DWI or DUI attorney who might be able to get you your driver’s license back. The lawyers at Kohlmeyer Hagen Law Office most often succeed in reclaiming their clients’ licenses within weeks, and even sometimes within a few short days. If you have lost your license and need to get it back quickly, contact us today for a free consultation: 507-625-5000.

How Can I Get A Work Permit?

First, you need to find out whether or not you are eligible for a work permit. You should discuss this with your DUI/DWI lawyer as soon as the decision has been made by the judge to revoke your driver’s license. Your attorney will review your case and determine whether or not you are eligible for a work permit, depending on various factors such as the severity of your conviction and whether or not this was your first offense. If it is determined that you are eligible, here are the steps to follow in order to request and receive your Minnesota work permit:

Go to your local Driver’s License Testing Bureau.
Pay the $680 driver’s license reinstatement fee.
Take the driver’s license test. Obtaining a work permit requires you to take the written portion of the driver’s license test on a computer.
Request your work permit, also known as a “limited license.”
The Driver’s License Testing Bureau will then ask you to call the Department of Public Safety. This is to determine when and where you can drive, as well as any additional limitations and conditions will affect your work permit.
You must then wait the required waiting period.

How Long Must I Wait Before Being Granted My Work Permit?

In Minnesota, the required waiting period to be granted a work permit varies as it depends on the specifics of your case. In most cases, however, individuals requesting a work permit are required to wait at minimum half their driver’s license suspension period before being eligible for a work permit, or limited license.

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.

Reach out to a DWI defense attorney at Kohlmeyer Hagen Law Office Chtd. We have represented many defendants and can meet with you for a free consultation if you call 507-625-5000.

Awards & Recognitions

DWI Testimonial

“I contacted Tom Hagen for a DWI charge, I was extremely impressed with Mr. Hagen, he knows his stuff, he’s patient and made sure that I understood what was going on. He set me up with an amazing plea agreement and helped me out more than I was expecting. If you are looking for a good lawyer, I would highly recommend looking into this office.”