Most of us know that drinking and driving is risky and the chance of harming someone else is high, but every year, thousands of people in the Twin Cities still get behind the wheel after having a few cocktails or after using legal marijuana or cannabis products. Whatever the circumstances of your DWI charge, and whether you were over the legal limit for alcohol or under the influence of drugs (even prescription ones), you could face time in jail, thousands of dollars in fines, a revoked license, and, if you cause a wreck and someone gets hurt, a felony charge and prison time. You need a strong defender in your corner, and our Bloomington, MN dwi lawyer from Archambault Criminal Defense is here to help. Contact our attorneys today for a consultation.
Driving While Intoxicated Is A Serious Matter In Minnesota
Some people may underestimate just how much alcohol they’ve had, misjudging and trying to drive with a blood alcohol concentration higher than the legal limit of 0.08%. Others may be victims of an unlawful stop, improperly administered field sobriety test, or taking a breathalyzer on a defective or broken machine. If you’re improperly charged with a DWI or DUI or were a victim of an unlawful stop, search, or sobriety test, we’ll work hard to get your charges dismissed and clear your name.
Some people with a DWI charge may struggle with addiction and need treatment and support more than punishment in jail. We explore alternate sentencing options for people charged with misdemeanor DWI and DUIs, giving you the support you need for a better future.
If you were drinking or using drugs and caused an accident, you may be in a lot of trouble, especially if someone was badly injured or died. The state prosecutors and judges take a hard line in DWI collisions that injure another person, and you may rightly feel like they are Not. On. Your. Side. We are, though. Our Bloomington DWI defense lawyers believe everyone should be treated fairly under the Minnesota criminal justice system, and we fight hard to protect your rights. As former prosecutors, we know how the other side thinks, their strategies, and even their willingness to make deals. We use our insider knowledge of the system to benefit you, our client.
Experience Is Critical For Protecting Your Future After A DWI
If you’re found guilty of a DWI, even a misdemeanor, you may have to pay thousands of dollars in fines and associated costs, be sentenced to jail or prison, and have your license suspended or revoked. Your ability to work, go to school, or even drive to the grocery store will be severely curtailed. And, if you drive for a living, such as a commercial driver, a DWI could spell the end of your career. You need an experienced Bloomington DWI defense attorney to help you.
- Our lead attorney is a former Minnesota state prosecutor with firsthand knowledge of the state’s arguments against people charged with DWI
- Firm Founder Derek Archambault is a certified MSBA Criminal Law Specialist, signifying a high level of expertise that is held by fewer than 3% of Minnesota attorneys
- We have extensive courtroom experience, and are very comfortable arguing in front of a judge and jury
Don’t let a DWI charge affect the outcome of the rest of your life. Turn to the Bar-Certified specialist at Archambault Criminal Defense. Contact us today for a confidential consultation.
Types Of DWI Cases We Handle
At Archambault Criminal Defense, we provide clear, results-focused legal support to individuals charged with driving while impaired. We know that a DWI arrest can bring stress, uncertainty, and serious consequences—but you’re not alone. Attorney Derek Archambault works directly with clients to assess the facts of their case, protect their rights every step of the way, and to help them make important legal decisions about how to approach their charges. As a trusted Bloomington, MN DWI lawyer, he offers free consultations and takes cases on a flat fee basis so you know exactly what to expect from the beginning.
First-Time Charges
Many first time offenders are surprised, scared, and overwhelmed when they are pulled over and charged with a DWI. We work to reduce the penalties, preserve your record, and protect your driver’s license whenever possible.
Repeat Allegations
Multiple DWI offenses carry enhanced penalties and potential jail time. We evaluate past charges, challenge current evidence, and work toward reducing long-term consequences.
Test Refusal Cases
Refusing a breath, blood, or urine test can trigger automatic license revocation. We fight for clients in both criminal court and the implied consent process to challenge those penalties.
Underage Drivers
When it comes to driving under the influence for drivers who are under 21 years of age, Minnesota is a zero tolerance state. We represent younger clients who face school, work, and license impacts, helping them avoid long-term setbacks.
High Alcohol Concentration
DWIs involving a blood alcohol concentration of .16 or higher lead to increased charges and sanctions. We challenge how the test was conducted and whether results are accurate and admissible.
Drug-Related Impairment
Not all DWIs involve alcohol. Driving under the influence of prescription or illegal drugs can also lead to charges. We examine how the arrest was handled and whether impairment was clearly proven.
Felony-Level Offenses
Some DWI cases rise to felony charges due to repeat offenses or injury-causing accidents. Attorney Archambault is a Bloomington DWI lawyer who focuses on minimizing prison and protecting his clients’ records.
Out-Of-State Drivers
If you’re from another state and charged with a DWI in Minnesota, your driving privileges and criminal record could be impacted in both states. We handle cross-state issues and licensing concerns.
Commercial Vehicle Incidents
CDL holders face serious penalties for DWI charges, including job loss. We work to protect your commercial license and reduce both criminal and employment-related consequences.
Talk To Us Today
DWI charges vary widely, but every case deserves a solid legal defense. Whether it’s your first offense or a felony-level charge, we’re ready to step in and help. At Archambault Criminal Defense, we use our experience and focus to protect your rights and fight for the best possible outcome.
As a dedicated Bloomington DWI lawyer, Attorney Derek Archambault has helped clients across a wide range of DWI-related cases. If you’ve been charged, don’t wait to act. Contact us today to schedule your free consultation and take the first step toward protecting your future.
Common DWI Defenses
Being charged with a DWI can be stressful, and many people believe there’s no way to fight back. But the truth is, several defense strategies may apply depending on the situation. Attorney Derek Archambault is a staunch Bloomington, MN DWI lawyer who spent over 15+ years working as a criminal prosecutor. This experience gives him a unique edge when developing strategic defense strategies and he is available to help.
Here are some of the most common defenses used in DWI cases:
- Improper Traffic Stop
Law enforcement must have a valid reason to pull you over. If there was no clear traffic violation or reasonable suspicion of impairment, the stop itself may be challenged.
- Faulty Field Sobriety Tests
Field sobriety tests are not always reliable. Many factors, including health conditions, balance issues, and poor weather, can affect your performance, even if you’re sober.
- Inaccurate Breath Test Results
Breath testing devices require regular maintenance and calibration. If the device was not working properly or the officer did not follow procedures, the results may be invalid.
- Medical Conditions Or Diet Interference
Certain medical conditions, like diabetes or acid reflux, can affect breath test results. Diets such as keto may also lead to higher readings due to acetone in the breath.
- Improper Administration Of Testing
Officers must follow very specific protocols during testing. If any step was skipped or done incorrectly, the test results may not be admissible in court.
- Lack Of Probable Cause For Arrest
Even after a stop, police must have probable cause to make an arrest. If the arrest occurred without sufficient evidence, the entire case could be weakened.
- Mouth Alcohol Contamination
Breath tests can pick up alcohol in the mouth rather than the lungs, especially if you recently used mouthwash, cough medicine, or burped before the test.
- Rising Blood Alcohol Level
It takes time for alcohol to absorb into your system. If you were tested shortly after driving, your BAC may have been rising, meaning it was lower while you were actually driving.
- Unreliable Blood Test Procedures
Blood tests can be challenged based on how the sample was collected, stored, or analyzed. Any issues with the chain of custody or contamination can call results into question.
- Officer’s Observations Were Inconsistent
Officers often rely on observations such as slurred speech or red eyes. But these signs can come from many other causes unrelated to alcohol, like fatigue or allergies.
In many cases, our Bloomington DWI lawyer identifies one or more of these defenses while reviewing police reports, videos, and test results. Every case is different, and even minor details can change the outcome. Do not get overwhelmed by the myths about criminal defenses, discuss your situation with a licensed lawyer.
Let’s Talk About What Comes Next
Award winning Archambault Criminal Defense and Attorney Archambault know how overwhelming a DWI charge can be and we do not want you to feel like you are alone in this. We offer free consultations and take cases on a flat fee basis. If you need a Bloomington DWI lawyer or have questions about a criminal charge, reach out to us today
Bloomington DWI Infographic
Bloomington DWI FAQs
If you are in the unfortunate situation of needing a skilled and compassionate Bloomington, MN DWI lawyer, Attorney Derek Archambault of Archambault Criminal Defense is here to help. Facing a DWI charge can be stressful and confusing, but knowing what to expect and how the law works can help you make informed decisions about your defense. We offer free consultations and take all of our cases on a flat-fee basis. We do not want you to feel alone during this difficult and frightening time. Reach out to us today or any time you are in need.
What Constitutes A DWI In Minnesota?
In Minnesota, a DWI occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs or alcohol to the point of being unable to safely control the vehicle. Law enforcement may use breath, blood, or urine tests to measure impairment. Field sobriety tests and observations of driving behavior also play a role in determining whether a DWI charge is appropriate.
Can I Get A DWI Dismissed In MN?
Yes, it is possible for a DWI to be dismissed in certain circumstances. Common reasons include procedural errors by law enforcement, inaccurate testing, or violations of your constitutional rights. Working with a Bloomington DWI lawyer can help identify potential weaknesses in the case and present arguments that may lead to reduced charges or dismissal, depending on the facts and evidence.
What Is The Difference Between A DWI And DUI In Minnesota?
In Minnesota, the term DWI (Driving While Impaired) is used more frequently than DUI (Driving Under the Influence). While both relate to operating a vehicle under the influence of alcohol or drugs, DWI is the formal legal charge, and DUI is often used colloquially. The penalties and legal consequences are determined under the DWI statutes, including fines, license restrictions, and potential jail time.
Will A DWI Affect My Insurance Rates?
Yes, a DWI typically leads to higher auto insurance premiums. Insurance companies may consider a DWI conviction as a risk factor, which can impact rates for several years. In some cases, a conviction can also result in policy cancellation or denial of coverage. Consulting with your CityKW attorney can provide guidance on minimizing insurance consequences while handling the criminal case.
How Can I Fight A DWI Charge?
There are several ways to challenge a DWI charge, including questioning the legality of the traffic stop, the accuracy of chemical tests, or procedural errors by law enforcement. A skilled defense team will review all evidence, witness statements, and police reports to identify potential defenses. Building a strong defense strategy early can make a significant difference in the outcome of your case.
Business Law Glossary
Facing a criminal charge can feel overwhelming, especially when unfamiliar legal terms start getting thrown around during conversations with law enforcement, prosecutors, and even your own attorney. A Bloomington, MN DWI lawyer often works with clients who have never been through the court system before and need help making sense of what they’re up against. We put together this glossary to break down some of the key phrases and concepts that come up frequently in impaired driving cases so you can feel more informed and prepared as your case moves forward.
Blood Alcohol Concentration
Blood alcohol concentration, often shortened to BAC, is a measurement of how much alcohol is present in your bloodstream at a given time. In Minnesota, the legal limit for most drivers is 0.08%, meaning that if a chemical test shows your BAC at or above that number, you can be charged with driving while impaired. For commercial drivers, the threshold is lower, and for drivers under 21, Minnesota follows a zero-tolerance policy.
BAC levels are typically measured through breath, blood, or urine testing. However, these tests are not always accurate. Factors like improper calibration of testing equipment, the timing of the test, and even certain medical conditions can affect results. A Bloomington, MN DWI lawyer can review how your BAC was measured and whether there are grounds to challenge the accuracy of the results. We look closely at test procedures because even small errors can make a significant difference in your case.
Implied Consent
Implied consent is a legal principle that applies to every driver in Minnesota. By choosing to drive on public roads, you automatically agree to submit to chemical testing if law enforcement suspects you of impaired driving. This includes breath tests, blood draws, or urine analysis. Refusing to take one of these tests can trigger automatic penalties, including license revocation, even before your case goes to court.
Many people are surprised to learn that refusing a test doesn’t mean their case disappears. In fact, refusal often leads to separate administrative consequences through the implied consent process. A Bloomington, MN DWI lawyer can represent you in both the criminal case and the implied consent hearing, working to protect your driving privileges while challenging the basis for the stop or the request to test. We help clients understand their rights and what options are available when facing a refusal charge.
Field Sobriety Test
A field sobriety test is a series of physical and cognitive exercises that officers use to assess whether a driver may be impaired. Common tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. Officers use their observations from these exercises to establish probable cause for an arrest.
The problem is that field sobriety tests are not foolproof. Nervousness, uneven pavement, poor lighting, footwear, and medical conditions like inner ear problems or back injuries can all affect performance. Even a completely sober person might struggle with these tests under stressful circumstances. We often review dashcam or bodycam footage to see how the tests were administered and whether the officer followed proper protocols. Inconsistencies in how the test was conducted can become an important part of your defense.
Probable Cause
Probable cause is the legal standard that law enforcement must meet before making an arrest. It means the officer has enough factual basis to believe that a crime has been committed. In impaired driving cases, probable cause is typically established through observations like erratic driving, the smell of alcohol, slurred speech, poor performance on field sobriety tests, or chemical test results.
If an officer arrested you without sufficient probable cause, your attorney may be able to challenge the legality of the arrest itself. This could result in evidence being thrown out or charges being reduced or dismissed entirely. A Bloomington, MN DWI lawyer examines every detail of the arrest report and any available video evidence to determine whether law enforcement had a legitimate basis for taking you into custody. We know that officers sometimes make assumptions, and holding them accountable to the legal standard is part of building a strong defense.
Rising Blood Alcohol Defense
The rising blood alcohol defense is based on the science of how alcohol absorbs into the body. After you finish drinking, your BAC continues to rise for a period of time before it peaks and starts to decline. This means that if you were tested shortly after being pulled over, your BAC at the time of the test may have been higher than it was while you were actually driving.
This defense can be especially relevant when there is a delay between the traffic stop and the administration of the test. If your BAC was still climbing when you were tested, the number recorded might not reflect your true level of impairment behind the wheel. We work with the facts of each case to determine whether this defense applies and whether it can be used to challenge the prosecution’s evidence.
If you have questions about any of these terms or need guidance after an arrest, the team at Archambault Criminal Defense is ready to help. Contact us today to schedule a free consultation and start building your defense.
Protecting Your Rights After A DWI
If you have been arrested and charged with a DWI or other criminal offense, Bloomington DWI lawyer Attorney Derek at Archambault Criminal Defense is here to talk. We are committed to reviewing every aspect of your case and advocating for your rights. Our team will work with you to understand the legal process, explore potential defenses, and guide you through the next steps so that you are not alone during this challenging time.
