DUI Rights in Minnesota – Minnesota DWI Help and DUI Laws
What You Should Know to Fight Your DUI Charges
After being arrested and charged with Driving Under the Influence (DUI) in Minneapolis, Duluth, Saint Paul or anywhere else in Minnesota it is important to begin fighting these charges right away. A DUI conviction can have serious consequences that can affect your personal and financial life now and years into the future. At DUIRights.com, we take the time to evaluate each individual case and identify factors that can be used in the client’s defense when they go to court. Here is some information you should know to help you understand the charges you are facing and how to fight them properly.
New DUI Laws in Minnesota
For first time offenders of DUI in the state of Minnesota, they will face penalties including up to 90 days in jail, a $1,000 fine, 90-day license suspension, and having to use an Ignition Interlock Device (IID). As of 2010, Minnesota made it mandatory for those who want to keep restricted driving access after their conviction to allow the installation, operation, and maintenance of an Ignition Interlock Device. Those individuals who refuse to have this done will be prohibited from driving.
Why Your DUI Rights Are Important
Statistics show that in a considerable amount of DUI arrests, the individuals rights are violated in some way. When this happens, it can be crucial evidence that the individual’s DUI attorney can use to build a stronger case against the charges. Often times, if it can be proven that the individual’s right were violated, it may be easier to arrange a plea bargain for a less serious charge such as wet reckless or have the case dismissed. In order for your DUI attorney to identify if your rights were violated during the arrest, he or she will ask some of the following questions:
- What was the arresting officer’s reason for conducting a traffic stop?
- What observations of your behavior did the arresting officer make? Were they consistent with other eye witnesses?
- Were you driving the vehicle when the traffic stop occurred?
- What field sobriety testing was issued?
- Was a Breathalyzer test administered?
- Did the arresting officer recite the Miranda Rights to you when you were being put in custody? Did you understand those rights?
The information the attorney gathers from these questions will help them to identify if your rights were violated – this information will be crucial to building the best possible defense against your DUI charges.
Protect your rights and learn how to get your Minnesota DWI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your Minnesota DWI charges dismissed effectively and take back the control of your situation by being equipped with the real information you need to win your case.
DUI Laws in Minnesota
In Minnesota, driving under the influence is also known as driving while intoxicated, or DWI. The state is one of the more progressive states in terms of DUI penalties and fines. It also boasts some of the larger monetary fines and ignition interlock device (IID) requirements in the United States.
Consequences for Refusing to Take Chemical Tests
While you have the right to refuse chemical tests in Minnesota, if you do, you will automatically face fines as well as a license revocation:
- First offense – one-year revocation
- Second offense – one-year revocation
- Third offense – one-year revocation
Challenging BAC Levels in Court
Minnesota is a Zero Tolerance state for drivers under the age of 21. All other blood alcohol content levels are the same as they are in most states across the country:
- Drivers that are 21 years or older, .08 percent
- Drivers under the age of 21, .00 percent, Zero Tolerance
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI/DWI in Minnesota?
Jail is mandatory in Minnesota for all DUI/DWI offenses. Compared to other states in the country, these may actually be some of the lower mandatory sentences until a fourth offense is committed:
- First time offenders – up to 90 days in jail
- Second time offenders – up to one year in jail
- Third time offenders – up to one year in jail
- Fourth time offenders – up to seven years in jail
Minnesota has a 10-year washout period for DUI/OWI.
Monetary Fines and Penalties for DUI/DWI in Minnesota
Monetary fines in Minnesota are significant and escalate rather quickly:
- First offense – $1,000 fine
- Second offense – $3,000 fine
- Third offense – $3,000 fine
- Fourth offense – $14,000 fine
License Suspension for DUI/DWI in Minnesota
Minnesota is lenient with first and second offenders, but the suspension terms increase significantly from that point forward:
- First offense – up to 90 days suspended license
- Second offense – 180 day mandatory suspension
- Third offense – minimum of one-year suspended license
- Fourth offense – up to four years suspended license
Ignition Interlock Device (IID) installation is required for all DUI/DWI offenders in Minnesota.
Reasons to Hire a Minnesota DUI Attorney
Being arrested for DUI puts an individual in the uncomfortable position of having to defend oneself. This is usually best accomplished with help from a legal expert. Unfortunately, court appointed public defenders have little or no experience with DUI cases. Knowing basic DUI regulations is not enough because a strong defense requires recognizing DUI arrest and testing mistakes. It is also helpful to know experts willing to testify regarding these errors to refute prosecutor claims.
A DUI lawyer provides these services and others, charging a reasonable flat or hourly fee. Though DUI attorneys usually cost more than public defenders do, they tend to have higher success rates defending these cases. With so much on the line, a defendant should have the best lawyer available. If money is an issue, many DUI lawyers will arrange financing or payment plans.
After accepting the case, a DUI attorney will review circumstances surrounding the car stop, examine field sobriety testing procedures, and investigate the chemical testing process and results. As errors are identified, they are used to establish reasonable doubt. With help from medical professionals and witnesses, the attorney makes it difficult for the prosecution to prove that the defendant was guilty. In the end, the judge may have to reduce the charge to a lesser offense or dismiss the case.
Finding a DUI/DWI Attorney in Minnesota
Finding a DUI attorney practicing in the state of Minnesota is not always as easy as opening the telephone book. Some of the best attorneys operate on a referral basis and others may not spend much on advertising. DUIRights.com has built a network of Minnesota DUI lawyers and we make it simple to find them. Visit our website and submit the brief DUI arrest evaluation form so we can do the rest.
A DUI lawyer suitable for your case will make contact and request some additional information. After reviewing the details, the attorney will recommend the best way to proceed. This advice and answers to questions regarding the arrest and charges are provided at no cost or additional obligation. However, DUI attorney services are available when desired.
With such significant fines and penalties for repeat offenses, you will more than likely want to hire a DUI/DWI attorney if you are arrested and charged in Minnesota. If it is your first offense, you may even be able to plead out to a lesser charge of wet reckless. Fill out the Free DUI Arrest Form now to get your Minnesota DUI case evaluated.