Minneapolis DWI & DUI Attorney

Helping You Protect Your Rights Throughout Minnesota

Being arrested and charged with an alcohol or drug-related driving offense is a common occurrence in Minnesota. Many drivers, arrested for driving while intoxicated (DWI/DUI), are unaware that they are over the legal limit, often because they don't feel impaired. Police sometimes stop them for unrelated traffic violations, such as speeding or failing to signal a turn.

Regardless of the circumstances of your arrest, it is crucial to take DWI charges seriously. There's more at stake than a simple fine; you could face jail time and lose your license. If you've been arrested for a DWI offense, you need an experienced Minneapolis DWI lawyer to help you understand your options and fight to protect your rights.

Don't handle a DWI or DUI charge alone. Contact us at (612) 200-1526 for help.

Is a DUI a Misdemeanor in Minnesota?

Yes, in Minnesota, a DUI (Driving Under the Influence) is typically classified as a misdemeanor offense for first-time offenders. However, multiple DUI offenses or aggravating factors, such as excessive blood alcohol concentration (BAC) levels, the presence of minors in the vehicle, or prior convictions, can lead to more severe charges, including felony DUI charges. Consulting with a legal professional is essential for accurate information and guidance specific to your situation.

Understanding Minnesota DWI Laws

DWI laws in Minnesota are structured to be strict and comprehensive, serving as both a deterrent and a means of enforcing road safety. The legal framework around driving while intoxicated highlights the state's priority on protecting its residents. Beyond standard misdemeanor charges, Minnesota law expands its reach through administrative penalties that can be applied independently of criminal proceedings. These include immediate administrative license revocation and vehicle plate impoundment, emphasizing the state’s no-tolerance approach to impaired driving.

Furthermore, Minnesota law mandates that any driver arrested under suspicion of DWI will face a license suspension that can be contested only through specific legal channels. Engaging with experienced dui defense attorneys like those at Meshbesher & Student ensures that your rights are defended during these crucial administrative proceedings, offering a strategic advantage through their deep understanding of local statutes and procedural nuances.

Drunk Driving Charges in Minneapolis

The legal limit for blood alcohol content in Minnesota is .08 percent. However, this is not the only basis for a DWI charge. You can be charged with a DWI for being under the influence of alcohol or drugs, having a prohibited blood-alcohol content (.08 percent or higher), testing positive for any Schedule I or II controlled substance (including opiates, hallucinogens, cocaine, methamphetamine, etc.), or driving a commercial vehicle with a blood alcohol content of .04 percent or more.

Beyond that, the only other prerequisite factor is that you were driving, operating, or in physical control of a motor vehicle at the time of the arrest or within two hours of chemical testing. Cars, trucks, motorcycles, ATVs, and even golf carts count. You should be aware of the potential consequences, regardless of the vehicle you are in.

In Minnesota, there are four degrees of DWI crimes, and they are enhanceable offenses—meaning if you are convicted again within a 10-year period, you will face even more severe penalties, including more jail time, higher fines, longer supervision periods, and additional civil penalties. Three aggravating factors may increase the severity of your offense.

These include:

• Having a prior qualified offense within 10 years
• Having an alcohol concentration of .16 percent or more (double the legal limit)
• Having a child under the age of 16 in the car.

There are also varying degrees of DWI offenses. The degree you are charged with depends on the details of your situation.

The four DWI degrees in Minnesota can be broken down as follows:

• Fourth-Degree DWI: A misdemeanor, punishable by a maximum of 90 days in jail and/or a $1,000 fine. This is the typical offense charged for first-time offenders with no aggravating factor present.
• Third-Degree DWI: A gross misdemeanor, punishable by a maximum of one year in jail and/or a $3,000 fine. First-time offenders with a single aggravating factor or second-time offenders are typically charged with this offense.
• Second-Degree DWI: Also a gross misdemeanor, punishable by a maximum of one year in jail and/or a $3,000 fine. First-time offenders with two or more aggravating factors or third-time offenders are typically charged with this offense.
• First-Degree DWI: A felony, punishable by three to seven years in prison and/or a $14,000 fine. These are generally mandatory penalties, and the courts have very limited discretion in imposing a lesser sentence if convicted. Typically, you will be charged with a first-degree DWI if you have had three prior offenses within a 10-year period, or if you have ever been previously convicted of a first-degree DWI in your lifetime.

The complexity of these charges and potential penalties underscores the importance of understanding your rights and options. Having a knowledgeable dui defense lawyer can provide detailed insights into what each charge might entail and how best to navigate the legal system to potentially mitigate these penalties.

Navigating the Minneapolis Court System with a DUI Attorney

Understanding the intricacies of the Minneapolis court system can significantly influence the outcome of your DWI case. Courts in Hennepin County, where Minneapolis is located, have specific procedures and judges known for their perspectives on DWI offenses. This local knowledge can be essential for crafting defense strategies, especially when dealing with complex cases where multiple charges might be involved. Familiarity with local judges and prosecutors can also allow for more strategic plea negotiations, a crucial aspect of managing potential penalties and repercussions.

Engaging attorneys from Meshbesher & Student means leveraging our comprehensive understanding of these local nuances. We prioritize personalized strategies designed to address your unique circumstances while adapting to local procedural expectations. This local insight, coupled with our dedication to client rights, ensures that your case receives the thorough and empathetic attention it requires, delivering the best possible outcomes within the legal framework.

What Happens if I Refuse a Breath Test?

If you are arrested for a DWI offense, law enforcement will ask you to provide a blood, breath, or urine sample for chemical testing. In Minnesota, refusing chemical testing is a crime, with two exceptions: You can lawfully refuse a blood test and request either urine or breath testing, OR you can lawfully refuse a urine test and request either blood or breath testing. However, you cannot lawfully refuse a breath test in most circumstances.

A test refusal is a separate offense from the underlying DWI offense and essentially raises the severity by one level. For instance, a first-time offender who refuses to submit to chemical testing will be charged with Third-Degree Test Refusal (a gross misdemeanor). If any aggravating factor is present, the charge will be a Second-Degree Test Refusal (a gross misdemeanor).

Understanding the implications of refusing a test is critical, as this decision can heavily impact the legal proceedings and outcomes of your case. Legal counsel is crucial in assessing the best course of action and representing your interests effectively throughout the process. Refusal can alter the trajectory of a case significantly, making it vital to have accurate, legal guidance before making such choices.

Other Possible Penalties You Should Know About

Beyond the criminal penalties discussed above, DWI offenses in Minnesota may have several civil penalties attached to them, including:

• License Revocation: If arrested or charged with a DWI, your driver's license will automatically and administratively be revoked, most likely before you ever go to court for the first time. The revocation period is a minimum of 90 days and can last for up to six years depending on the circumstances: whether you failed or refused a test, and whether you have prior alcohol/drug-related driving offenses or license revocations on your record. It is noteworthy that if your license is revoked because of an alleged test refusal, you can request a hearing to challenge this issue, although you have a limited time to do so. To be reinstated after revocation, you must take a written test, pay a reinstatement fee, and apply for a new license.
• License Cancellation: If you have four alcohol/drug-related driving offenses or license revocations within a 10-year period, or if you have five such offenses/revocations within your lifetime, you will be subject to license cancellation. The cancellation period is a minimum of one year and can last up to six years. To be reinstated after cancellation, you must complete all rehabilitation requirements for revocation, complete a chemical-dependency treatment program, and demonstrate total sobriety for the duration of the cancellation period. You will also be subject to a B-Card, which prohibits you from consuming any alcohol under any circumstance at the risk of immediately having your license canceled again.
• Plate Impoundment: If you're arrested or charged with a DWI and you have at least one aggravating factor present or if you refuse the test, all of your license plates (for any vehicle on which you are a registered owner) will be impounded for a period of at least one year. You will need to apply for and obtain special term whiskey plates instead.
• Vehicle Forfeiture: If convicted of a second-degree DWI offense (or higher), the arresting agency will forfeit the vehicle you were driving or operating at the time. If there is no money owed on the vehicle, law enforcement can use or dispose of it as they see fit. If there is money owed, the forfeiting agency will sell the vehicle at auction and pay off the lien from the proceeds. If the proceeds of the auction sale are insufficient to cover the cost of the lien, you will be responsible for paying the balance.

While all these civil penalties can be challenged, it is up to you to initiate those challenges. There is an applicable time limit, and most civil challenges must be initiated within 30 days (60 days for vehicle forfeiture). In any case, you should call your Minneapolis DUI lawyer at Meshbesher & Associates as soon as possible so we can help ensure your rights are protected. Navigating these complex processes with professional legal assistance can often yield better outcomes and preserve important rights.

Get started on your case today.  Contact us at (612) 200-1526 for help.

Frequently Asked Questions

What Are the Long-Term Consequences of a DUI Conviction in Minnesota?

A DUI conviction in Minnesota can have long-lasting repercussions that extend well beyond immediate legal penalties. Individuals face potential impacts on their employment, as many employers perform background checks that will reveal DUIs, potentially affecting hiring decisions. Additionally, your ability to travel internationally can be restricted, as some countries have strict entry policies regarding individuals with DUI records. Increased insurance rates are another common consequence, as a DUI conviction is considered a high-risk indicator by insurance companies, leading to significantly higher premiums.

Furthermore, there is the social stigma attached to a conviction, which can affect personal relationships and community standing. Engaging with skilled legal representation from the outset can help mitigate these impacts by working towards reduced charges or alternative sentencing. At Meshbesher & Student, our focus remains not only on addressing the immediate legal challenges but also preparing clients for a successful recovery and reintegration after their case is resolved.

How Can I Reinstate My Driver's License After a DWI in Minneapolis?

Reinstating a driver's license in Minneapolis after a DWI requires meeting several criteria mandated by Minnesota law. Generally, it involves completing any suspension period and fulfilling specific court-ordered requirements. This often includes paying a reinstatement fee, passing written and possibly practical driving tests, and providing proof of insurance, often in the form of an SR-22 certification.

Additionally, some individuals may be required to enroll in a chemical dependency assessment or complete a rehabilitative program as part of the reinstatement process. For those with multiple offenses, the requirements can be more intensive, potentially involving the installation of an ignition interlock device to monitor alcohol levels before driving. Individuals can contact Meshbesher & Student for guidance through this administrative process to ensure all legal obligations are met efficiently.

Can Out-of-State Drivers Be Charged with DUI in Minnesota?

Yes, out-of-state drivers can be charged with DUI in Minnesota if they commit the offense within state boundaries. Minnesota's laws apply uniformly to both residents and non-residents, and the legal procedures follow a similar route. Out-of-state individuals charged with a DUI are subject to the same penalties, including potential jail time, fines, and license restrictions, as Minnesotan residents.

Legal complications can arise when dealing with license suspensions or revocations that cross state lines. Often, the Minnesota Department of Public Safety will notify the driver's home state of the violation, possibly leading to enforcement of penalties there as well. It is advisable for out-of-state drivers to engage legal counsel familiar with multi-jurisdictional proceedings to navigate these complexities effectively. Our team at Meshbesher & Student has experience handling such cases and can offer dedicated support tailored to the unique aspects of these situations.

What Should I Bring to a DUI Consultation with a Lawyer?

Preparing for a DUI consultation with a lawyer requires gathering several key documents and pieces of information to ensure an effective meeting. It is essential to bring any legal documents related to your arrest, such as the citation or charge sheet, any paperwork received during court appearances, and details about the breath, blood, or urine tests administered. Additionally, notes on the circumstances of your arrest, such as the timeline of events and any interactions with law enforcement, can provide valuable context for your attorney.

Other helpful items include contact information for any witnesses and your insurance details. At Meshbesher & Student, our process involves a comprehensive review of your case to develop a tailored defense strategy, leveraging these documents to identify potential discrepancies and formulate the best course of action.

How Can I Reduce My DUI Charges in Minneapolis?

There are several strategies that may be employed to mitigate DUI charges in Minneapolis, focusing on the specifics of your arrest and legal circumstances. Common defenses include challenging the legality of the traffic stop, questioning the accuracy and administration of breathalyzer or blood tests, and disputing observations made by the arresting officer. Having detailed records of your interaction with law enforcement and any procedural errors can be instrumental in these defenses.

Negotiating plea deals for lower charges, such as reducing a DUI to a reckless driving charge, is another avenue often pursued. At Meshbesher & Student, we specialize in thoroughly examining every detail of your case to identify weaknesses in the prosecution's argument, aiming to reduce the impact of charges on your life. Our extensive experience in Minneapolis courts enables us to adapt each strategy to the specifics of your case and our understanding of local legal nuances.