Receiving Legal Assistance After Being Charged With DWI
If you have been charged with driving while impaired and require legal assistance, our Minneapolis, MN DWI lawyer can help you. A DWI can be a daunting charge, and the process of dismissing your case and having your license reinstated can be complicated. Receiving the assistance of our professional criminal attorney is vital as you seek to reach a favorable outcome in your case. Our DWI defense lawyer has extensive experience assisting clients charged with DWIs and understands the challenges of Minnesota’s DWI laws and how to deal with them in the face of charges. Receiving assistance as soon as possible is essential for your case. Contact Archambault Criminal Defense today to schedule a consultation and allow us to begin assisting you with your DWI case.
Understanding DWI Charges
In Minnesota, a driver can receive a DWI for a number of reasons. Driving while over the legal limit (.08), driving under the influence of a controlled substance, and refusing a field test can all lead to DWI charges. No matter the nature of your charge, our Minneapolis DWI lawyer can help you fight back to dismiss or mitigate your charges. This includes fighting against both the criminal charges and the process of having your license revoked. These are two separate processes, and our DWI attorney will take action against both on your behalf. DWI charges can result in penalties ranging from fines and probation to time in prison. Our experienced lawyer has assisted thousands of clients and we may be able to help you reduce the penalties that you face or even eliminate them all together.
How Our DWI Lawyer Can Help You
Our Minneapolis DWI defense lawyer is here to assist you through every step of the criminal and civil proceedings in your case. Our process begins with an initial consultation in which we will discuss your case and the circumstances of your charges. From there, we will determine the best steps forward for your case, the goals to prioritize in your case, and the best strategies to use in pursuing these goals. We will gather and review all necessary evidence as we build a case to help you reach a favorable deal or dismiss your charges altogether. We will also assist you in fighting back against the civil procedure of having your license revoked by exploring options for filing a lawsuit against the Department of Public Safety. Our attorney will represent you in all negotiations and necessary court appearances, advocating for your rights and your needs in pursuit of the best possible outcome for you in your case.
The Importance Of Experienced Representation
DWI chargers can have significant impacts on your life. Our board-certified criminal law specialist is here to help you reduce or eliminate these charges in the pursuit of the best possible future for you. We understand that facing DWI charges can be daunting and overwhelming, but you do not have to face them alone. We will fight aggressively on your behalf in pursuit of a favorable result for you. Do not hesitate to seek assistance with your DWI charge. Contact Archambault Criminal Defense today to schedule a consultation.
Defending Against Drunk Driving Charges
Facing a charge related to driving while impaired (DWI) can be an intimidating experience, with the potential for significant legal repercussions. However, with the guidance of our skilled Minneapolis, MN DWI lawyer, there are several strategies that may be employed to challenge such charges. We share some of the most common defenses used in these cases, emphasizing the importance of legal knowledge in managing these complicated situations. Our criminal defense firm can assist with the ins and outs of DWI law and can assist in creating a defense, if needed. Continue reading to learn more about some of the most common defenses used for DWIs.
Challenging The Traffic Stop
One of the primary strategies involves scrutinizing the initial traffic stop that led to the DWI charge. Law enforcement officers must have a valid reason, known as “reasonable suspicion,” to make a traffic stop. If our Minneapolis DWI attorney can demonstrate that the stop was made without reasonable suspicion, any evidence gathered as a result of the stop may be deemed inadmissible in court. This argument can significantly weaken the prosecution’s case, potentially leading to a dismissal of the charges.
Accuracy Of Sobriety Testing
Another critical area of defense focuses on the accuracy and administration of field sobriety and chemical tests. Field sobriety tests, which are designed to assess a driver’s impairment through physical tasks, are subject to human error and subjective interpretation. Our driving while intoxicated defense lawyer can question the conditions under which these tests were conducted or the officer’s training and qualifications to administer them. Similarly, the accuracy of breathalyzer tests can be challenged based on the device’s calibration, maintenance records, or the procedure followed during the test. Proving any irregularity or error in these tests can cast doubt on the reliability of the evidence.
Medical Conditions And Other Factors
Sometimes, factors unrelated to alcohol consumption can influence the results of sobriety tests. Medical conditions such as diabetes, neurological disorders, or even dietary factors can mimic the symptoms of intoxication. Our attorney with experience in DWI cases will know how to present such evidence effectively, potentially explaining the behavior or test results that led to the charge.
Violation Of Rights
Another potent defense involves the protection of your constitutional rights. This includes verifying that you were properly informed of your rights at the time of arrest, such as the right to remain silent and the right to an attorney. If these rights were violated, it might lead to the exclusion of certain evidence or even result in the case being dismissed. Our criminal defense legal team knows what to investigate to determine if your rights were protected throughout this process.
Navigating The Legal System With Professional Assistance
The challenges of DWI cases underscore the importance of having our knowledgeable attorney by your side. Our experienced lawyer can handle the legal system, employ effective defense strategies, and work to achieve the best possible outcome for your case. Whether it’s challenging the evidence, negotiating with prosecutors, or representing you at trial, our attorney plays a pivotal role in protecting your rights and future.
Contact A Lawyer Today
If you or someone you know is facing a DWI charge, it’s imperative to seek professional legal representation immediately. Our firm specializes in defending individuals in these challenging situations, offering expertise, guidance, and support throughout the legal process. We’re committed to advocating for our clients’ rights and achieving favorable results. Contact Archambault Criminal Defense today to discuss your case and explore how we can assist you in dealing with this difficult time with confidence and clarity.
Using Rising BAC As Your Defense
Our Minneapolis, MN DWI lawyer knows that when facing a DWI charge, there are several defense strategies that can be used to challenge the evidence presented against you. One of these defenses involves the concept of “rising blood alcohol” levels. This legal argument suggests that a person’s blood alcohol concentration (BAC) was still increasing at the time they were tested, which could mean that their BAC was under the legal limit while driving. It is important to learn how to challenge different results during your case. Attorney Derek Archambault has nearly 15 years of experience with DWI cases and is prepared to help you, so call now.
When Rising Blood Alcohol Levels Be Used As A Defense In A DWI Case
Rising blood alcohol levels can be a valid defense in some DWI cases. The defense argues that although your BAC may have been above the legal limit at the time of testing, it was still rising when you were arrested. This means that your BAC may have been under the legal limit while you were actually driving, and it was only after the stop that your BAC increased.
How A Rising Blood Alcohol Defense Can Be Proven
To successfully use the rising blood alcohol defense, our Minneapolis DWI lawyer knows we need to demonstrate that there was a reasonable time gap between when you were driving and when your BAC was measured. In many cases, alcohol doesn’t immediately enter the bloodstream; it can take time for your body to absorb it fully. If you were stopped shortly after drinking, we might be able to argue that your BAC was still rising when the test was taken.
The Factors That Contribute To Rising Blood Alcohol Levels
Several factors can contribute to rising blood alcohol levels. The most significant one is the amount of time between the moment you stopped drinking and when you were tested. Alcohol is absorbed into the bloodstream over time, so if you were tested soon after drinking, it’s possible that your BAC was still increasing. Other factors, such as your metabolism, weight, and overall health, can also play a role in how alcohol is processed in your body.
How the Timing Of The Traffic Stop Can Affect The Defense
The timing of the stop is a critical factor in a rising blood alcohol defense. If there was a significant amount of time between when you were drinking and when you were tested, it’s less likely that your BAC was still rising at the time of testing. However, if you were stopped within a short time after drinking, this defense could become more relevant. We would analyze the details of your case to see if there was a reasonable gap between the time you were driving and when your BAC was tested.
Whether This Defense Applicable To All DWI Cases
The rising blood alcohol defense is not applicable to all DWI cases. It’s most effective when there’s evidence that your BAC was still rising when you were tested. This defense may not be viable if there’s little time between when you were drinking and when you were tested, or if there is no reliable evidence to suggest that your BAC was still rising at the time of the test. Each case is different, so it’s important to consult with our skilled attorney to determine if this defense applies to your situation.
What To Do Immediately After A DWI Arrest
If you’ve been arrested for driving while impaired, what you do next matters. Our Minneapolis, MN DWI lawyer has decades of legal experience—first as a prosecutor and now as a defense attorney. We’ve seen how the first 24 to 48 hours after an arrest can shape the rest of your case.
You may feel overwhelmed, embarrassed, or unsure where to turn. That’s where we come in. Attorney Derek Archambault is a certified specialist in criminal law, and has built his practice around protecting the rights and future of those charged with misdemeanors and felonies in Minnesota.
Here’s what we recommend you do immediately after a DWI arrest:
Stay Calm and Remember Your Rights
The moment you’re arrested, everything you say and do can affect your case. It’s natural to want to explain yourself or argue your side, but now is not the time. Stay calm, stay silent, and wait for legal counsel. You have the right to remain silent and the right to an attorney—use them.
When our clients contact us early, we’re able to step in before irreversible mistakes are made. Don’t try to talk your way out of anything. Let us handle the legal strategy.
Contact Our Criminal Defense Lawyer Immediately
Timing is critical. After an arrest, there are often strict deadlines for challenging your driver’s license suspension or requesting a hearing. These windows can close quickly—sometimes in as little as seven days.
Our Minneapolis DWI lawyer has spent his career working both sides of the courtroom. That insight allows our attorney to anticipate the prosecution’s approach and build a strong defense that protects your rights from the very start.
Call us right away. We’ll review your arrest, the evidence, and begin working on a plan that prioritizes your freedom, your license, and your future.
Document Everything You Remember
Before memories fade or details get blurred, write down everything you can recall from the stop, the arrest, and what happened afterward. Where were you pulled over? What did the officer say? Were field sobriety tests conducted fairly?
These details matter more than you might think. We often find inconsistencies or procedural errors in our clients’ recollections that become valuable in court. Even small facts can shift the outcome of your case.
Avoid Talking About Your Case with Anyone Else
Avoid talking about your charges or arrest with friends, family, coworkers, and especially social media. Anything you say, even casually or jokingly, can be used by prosecutors to build their case against you. We’ve seen text messages and Facebook posts show up in court more times than we can count. Our firm offers a confidential, judgment-free space where you can speak openly and honestly. Let our defense legal team be the only people who know the full story until your case is resolved.
Follow All Release Conditions Carefully
After your arrest, the court may place conditions on your release, such as abstaining from alcohol, submitting to testing, or checking in with a pretrial officer. Take these conditions seriously. Violating them can lead to additional charges or affect how your case is handled by the judge. We’ll walk you through each condition and make sure you know exactly what’s expected of you. You don’t have to guess—we’re here to guide you.
Start Planning Your Defense Strategy
You don’t have to wait for your first court date to start preparing. In fact, the sooner we get started, the better. Every case is unique, and our strategy is tailored to your specific situation, background, and goals. Whether it’s challenging the legality of the traffic stop, the accuracy of the testing, or the conduct of law enforcement—we’ll build the strongest case possible on your behalf.
Don’t Let A Mistake Define Your Future
Being charged with a DWI can feel like your world just flipped upside down. But one charge doesn’t have to define your life. Our Minneapolis DWI lawyer, Derek Archambault is a former prosecutor. He knows what’s at stake—and how to fight back. At Archambault Criminal Defense, your future is our priority. Let us help you protect it. Call now for a confidential consultation and take back control of your life.
Minneapolis DWI Infographic
Minneapolis DWI Statistics
Driving While Impaired (DWI) continues to be a significant concern in Minnesota, including the Minneapolis area. Approximately 1 in 7 Minnesotans have at least one DWI on their record, highlighting the widespread nature of impaired driving in the state. In one year, nearly 25,000 individuals were arrested for DWI offenses in Minnesota, underscoring the ongoing challenges law enforcement faces in addressing impaired driving. In 2021, 74 people lost their lives due to impaired driving in Minnesota, a decrease from 79 deaths in 2020, yet still a significant number, indicating the severity of the issue.
DWI FAQs
If you’ve been arrested or charged with a DWI in Minnesota, you likely have a lot of questions about what comes next. DWI laws can be strict, but your case is not hopeless. Having clear, accurate information can help you make informed decisions about your defense and your future. Our Minneapolis DWI lawyer helps people across the state who are facing charges and need honest answers and solid legal guidance. Below are answers to some of the most common questions we receive.
Can I Get A DWI Dismissed In MN?
Yes, it’s possible to get a DWI charge dismissed in Minnesota, but it depends on the details of the case. Dismissals often occur when there are problems with how evidence was obtained—for example, if the traffic stop was unlawful or the breath test was not administered properly.
In some cases, the prosecution may not have enough evidence to proceed, especially if there were issues with the field sobriety tests or the arrest process. Our Minneapolis DWI attorney can evaluate the facts of your case and identify any grounds to file a motion for dismissal or suppression of evidence.
How Likely Is Jail Time For A First-Time DWI Offense?
For most first-time DWI offenses in Minnesota, jail time is not mandatory unless there are aggravating factors, such as a high blood alcohol concentration (0.16 or higher), a minor in the vehicle, or an accident involving injury. A first-time offense is usually a misdemeanor, and many people receive probation, fines, and other penalties instead of jail.
That said, judges do have the discretion to impose jail time even on a first offense. The outcome depends on the specifics of your case, your criminal history, and how your case is presented in court. Having our defense lawyer on your side can make a significant difference in how your case is resolved.
How Much Is Bail For A DWI?
Bail amounts for DWI cases vary depending on the level of the offense and whether it’s a first or repeat charge. For a first-time misdemeanor DWI, bail is often not required, and release may be granted with conditions such as no alcohol use or random testing.
If there are aggravating factors or prior offenses, bail can range from a few hundred to several thousand dollars. In felony DWI cases, bail may be significantly higher. The court may also require non-monetary conditions or impose restrictions through a conditional release. Our seasoned trial lawyer can advocate for the most favorable release terms possible in your situation.
What’s The New DWI Law?
As of May 2025, Minnesota lawmakers approved significant updates to the state’s DWI laws following a high-profile crash involving a repeat offender. One of the biggest changes is an extension of the “lookback” period for prior DWI offenses—from 10 years to 20 years. This means past DWI convictions from up to 20 years ago can now be used to enhance new charges.
The law also expands access to the ignition interlock program, making it easier for eligible individuals to regain limited driving privileges. Additionally, it increases the length of driver’s license revocation for serious cases involving criminal vehicular homicide or operation, particularly where a prior DWI exists. These changes reflect Minnesota’s focus on holding repeat offenders more accountable.
When Should I Contact A Lawyer?
You should contact a lawyer as soon as possible after being arrested or charged with DWI. Early legal intervention can be critical for protecting your rights and setting the direction of your case.
Your DWI defense attorney can immediately begin reviewing the arrest, requesting evidence, and advising you on what to expect. Delaying legal help can limit your options, especially if there are filing deadlines or license revocation timelines. If you’re unsure about your next steps, it’s better to get legal guidance sooner rather than later.
Give Us A Call
Facing a DWI charge in Minnesota doesn’t mean the outcome is already decided. With the right defense strategy, many people are able to avoid jail, reduce charges, and protect their license. If you’re dealing with a recent arrest or pending case, our Minnesota DWI lawyer is here to help you understand your options and take meaningful steps forward. Contact Archambault Criminal Defense today to speak with a legal professional who is committed to your case.
DWI Glossary
Our Minneapolis, MN DWI lawyer services are vital for individuals facing serious legal consequences after being arrested for driving while impaired. At Archambault Criminal Defense, we represent clients who need dedicated legal support through every phase of a DWI charge. Whether it’s your first arrest or a repeat offense, understanding the legal terms involved in these cases helps you make informed decisions. Below are key terms and phrases related to DWI representation, especially relevant to the laws and procedures in Minnesota.
Chemical Test Refusal
In Minnesota, drivers are subject to implied consent laws. That means by driving on state roads, you automatically agree to submit to a chemical test—usually breath, blood, or urine—if arrested for suspected DWI. Refusing this test can lead to automatic penalties, including a longer license suspension or revocation and potential criminal charges. Refusal can be charged separately from the DWI itself and may result in mandatory jail time if you have prior offenses. Our legal strategy often includes evaluating whether the officer followed proper procedures when requesting the test.
License Revocation
When you’re arrested for DWI in Minnesota, the Department of Public Safety can revoke your license even before a criminal conviction. This is known as an administrative license revocation (ALR). The revocation period depends on factors such as your blood alcohol content (BAC) and prior offenses. You have a limited window—typically 60 days from the notice—to challenge the revocation through an implied consent hearing. We guide clients through this separate civil process to fight for driving privileges while the criminal DWI case is ongoing.
Field Sobriety Tests
Officers often use standardized field sobriety tests (SFSTs) during DWI stops to assess impairment. These include the horizontal gaze nystagmus, walk-and-turn, and one-leg stand tests. While these tests are presented as objective, they’re highly subjective and can be influenced by non-alcohol-related factors like fatigue, injuries, or anxiety. We analyze body camera footage and police reports to question the reliability of the tests and whether they were administered in accordance with National Highway Traffic Safety Administration (NHTSA) standards.
Vehicle Forfeiture
Minnesota law allows for the forfeiture of a vehicle in certain DWI cases, especially when aggravating factors are present. This can include a BAC of 0.16 or higher, prior DWI convictions within ten years, or a DWI while your license is canceled as inimical to public safety. Forfeiture is a civil action that runs parallel to your criminal case. If we’re handling your defense, we will also address the forfeiture petition and take steps to recover your vehicle whenever possible.
Ignition Interlock Device
After certain DWI offenses, you may be required to install an ignition interlock device (IID) in your vehicle to regain driving privileges. This device requires a clean breath sample before starting your vehicle and periodically while driving. Depending on your case, participation in Minnesota’s Ignition Interlock Device Program may be mandatory or used to shorten a license revocation period. We help clients apply for the program and resolve any violations related to the device to maintain their ability to drive legally.
DWI charges carry immediate and long-term consequences in Minnesota. If you’re facing arrest or license penalties, don’t wait. Contact Archambault Criminal Defense for a confidential consultation. We’re here to protect your rights and help you move forward.
Find Trusted Legal Help Now
Facing a DWI charge in Minneapolis isn’t just a legal matter—it can impact your freedom, finances, license, and future. But you don’t have to face it alone. At Archambault Criminal Defense, our Minneapolis DWI lawyer brings nearly 15 years of experience defending clients charged with DWI, from challenging traffic stops and sobriety tests to pursuing rising-BAC and constitutional-rights defenses. We’re committed to building a comprehensive, personalized defense strategy—whether that means negotiating reduced charges, seeking dismissal, protecting your driver’s license, or advocating for you at trial. We’ll review every detail of your arrest, pinpoint potential errors, and stand up for your rights throughout each stage of the legal process. If you’re facing a DWI charge, don’t delay. Early representation can be the difference between a conviction and a favorable outcome. Reach out today for a free, confidential consultation and take the first step toward protecting your future.
