Most people are aware that the legal blood alcohol concentration (BAC) limit in Minnesota is .08. However, what many do not realize is that there are seven additional ways to be charged with a DWI in the state. These methods include operating a vehicle under the influence of a controlled substance, having any detectable amount of certain controlled substances in your system, and refusing to take a chemical test, among others. The laws surrounding DWI in Minnesota are detailed and multifaceted – Chapter 169A, the segment of Minnesota law dedicated to driving while impaired, spans 43 pages!
When someone faces a DWI charge, it can trigger at least one and possibly up to six different legal actions. These not only encompass the criminal charges but may also involve civil actions such as license revocation, vehicle forfeiture, and more. Each of these actions may necessitate a response from the individual charged with DWI, often within very tight deadlines.
Typically, a person charged with DWI will confront two separate legal challenges – the criminal DWI charges and a civil driver’s license revocation. These proceedings are distinct and proceed independently of each other. This distinction means that even if the criminal charges are dismissed, an individual could still face license revocation unless they challenge this in a separate legal action. To combat this, one must initiate a lawsuit against the Department of Public Safety to seek the reinstatement of their driving privileges.
The penalties for a DWI conviction in Minnesota can vary significantly based on the specifics of the incident. Depending on the case, the consequences may range from no jail time to a potential prison sentence. For non-felony offenses, probation can last up to six years, with felony cases subject to even longer periods.
Understanding the potential defenses against a DWI charge is vital. These defenses can include challenging the legality of the traffic stop, the accuracy of the BAC testing equipment, or the handling of the chemical test. Additionally, mitigating factors such as a clean driving record or voluntary participation in treatment programs can play a significant role in the outcome of a case.
Despite the daunting nature of DWI laws and the severe consequences of a conviction, there are strategies to lessen or altogether avoid the effects of a DWI charge on your life. Throughout my career, I have dealt with thousands of DWI cases and have even been involved in training police officers on the proper procedures for handling DWI incidents. If you’re facing a DWI charge, reach out to me. Let me apply my extensive experience and knowledge to assist you in moving forward from this challenging situation.
As a Driving While Impaired (DWI) lawyer, I have a deep understanding of Minnesota’s DWI laws and a commitment to defending the rights of those accused. I am here to offer guidance and support through every step of the legal process. Whether it’s fighting for a dismissal of charges, negotiating for reduced penalties, or representing you in court, my goal is to achieve the best possible outcome for your case. Don’t let a DWI charge define your future. Contact Archambault Criminal Defense today, and let’s work together to protect your rights and your future.
Minnesota DWI FAQs
Your Minnesota DWI attorney can help you fight back against your charges and protect your future. At Archambault Criminal Defense, I’ve used my 15-year history as a prosecutor to help my clients find the best ways to defend themselves against DWI convictions. Your independence and future is on the line, so I also provide free consultations so you understand what you’re up against.
Before you dive headfirst into your case, it’s important to understand what’s on the line. Read on to get some answers to some of the most common DWI FAQs.
What Are The Penalties For A DWI Conviction?
In Minnesota, the penalty for a DWI can vary depending on whether this is your first time or not. If you’ve never been convicted of a DWI before (or you have a DWI on your record from over 10 years ago, you’ll be looking at a misdemeanor charge. This can result in up to 90 days in jail, and costs as high as $10,000. Of course, if you’ve had multiple recent DWIs, the punishment will be even more severe.
How Long Will A DWI Stay On My Record?
Unfortunately, a DWI will stay on your permanent driving record in Minnesota. DWIs are for life, and any DWI within the last 10 years will be used to enhance charges against you. Fortunately, if a DWI was over 10 years ago, it can’t be used to increase the punishment. All the more reason to get in touch with a Minnesota DWI attorney you can trust.
How Does A DWI Affect My Insurance Rates?
Your insurance rates can spike by up to 70% following a DWI in Minnesota. But it’s not just about the money. After you have a DWI on your record, insurance companies don’t have to provide you with insurance if they don’t want to. They don’t have a legal obligation to insure drivers with DWIs on their record, and when they do decide to provide insurance, you can expect much steeper rates.
What Factors Can Influence The Outcome Of A DWI Case?
You may have been arrested for a DWI, but the prosecution can find multiple other factors to make your punishment more severe. Were there kids in the car when you were pulled over? Did you have another DWI charge from less than 10 years ago? How were you driving? There are many factors that can affect the outcome of your case – but as a former prosecutor, I can help you build an effective defense.
What Are The Long-Term Effects Of A DWI Conviction?
Everyone thinks about the money. But there’s more than cash at stake with a DWI conviction. For starters, you can spend time in jail. You can also lose your license – and potentially your job. And since a DWI will stay on your record for life, it’ll affect your ability to find new work, new insurance, and build a new life afterwards. Fortunately, Archambault Criminal Defense is here to help.
Contact Me Today
At Archambault Criminal Defense, I know you deserve a second chance. Contact me today for a free consultation, and see how the right Minnesota DWI attorney can make all the difference.