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Brooklyn Park DWI Lawyers

1. Jensen Sondrall & Persellin: If you have been arrested for Drunk Driving, otherwise known as Driving While Intoxicated (DWI) or Driving Under the Influence (DUI), you need the legal advice and assistance of an experienced Minnesota DWI/DUI attorney. The Minnesota laws regarding DWI/DUI are very strict. If you have been charged with DWI/DUI you are facing potential jail time, driver license revocation, a criminal record, and thousands of dollars in increased insurance costs. You need experienced and aggressive representation to protect your rights.
2. Scott Anderson: Being charged with a crime is stressful, and having an experienced lawyer to provide legal representation in the initial through trial stages of a criminal case is critical. The criminal process can be a confusing maze of court appearances, fines, and forms that could have a devastating effect on your personal liberty and privileges. How is the seriousness of the DUI or DWI charge determined? Your blood, urine, or breath alcohol levels will determine the seriousness of the charge (i.e. 1st degree, 2nd degree, etc.). Your prior history of drinking offenses and other factors can also aggravate the seriousness of the offense. Failure to test (refusal) can also affect the level of the charge. What are the degrees of DUI or DWI offenses, and what are the possible penalties? There are three levels of severity: Misdemeanor, Gross Misdemeanor, and Felony. If it is your first offense, usually you will be charged with a 4th Degree DUI which has a maximum sentence of 90 days in jail and/or a $1,000.00 fine. It is possible to be charged with a 3rd Degree or Gross Misdemeanor offense on your first incident. The most common ways to be charged with a Gross Misdemeanor on your first incident is to refuse the test, have an alcohol test of .20 or above, have a child in the car, or drive with an alcohol concentration of .10 or more with railroad tracks involved. A 3rd Degree offense has a maximum sentence of 1 year in jail and/or a $3.000.00 fine. Usually you are charged with a 3rd Degree offense if you have had another DUI within 10 years, or your license was revoked due to a test of .10 or more within 10 years of the new offense. A 2nd Degree offense has the same maximum sentence as a 3rd Degree offense, but usually the consequences are more severe with regards to the sentence by the judge or the conditions placed upon you by the probation department and the Department of Public Safety with regards to your license. Your vehicle is also subject to forfeiture with a 2nd and 1st degree offense. Felony offenses are now a reality. They are 1st Degree DUI offenses. A person will be charged with a Felony offense if they have 3 prior DUIs or revocations of their license for alcohol within 10 years. Again, the status can be enhanced quicker than 4 in 10 years if there are aggravating circumstances like testing over .20, not having a valid driver's license, having children in the car, etc. The number of prior offenses and the facts in the present case will determine how long your license will be revoked, when you are eligible for a limited license (commonly referred to as a work permit), and what steps will be necessary to get your driver's license reinstated. The Implied Consent Revocation process which affects your license and the criminal case are totally independent of one another. To challenge your license revocation, you need to start a lawsuit against the State of Minnesota to attempt to have your privileges given back to you. It is critical to have this issue examined immediately because you only have 30 days from the date of the stop to challengethis issue or it will be forever lost and waived.