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Eden Prairie DWI Lawyers

1. Fitzgerald, Kevin: You should consult an attorney for individual advice regarding your own situation.
2. Martin Azarian: DUIs/DWI/Test Refusals: If you are charged with a DUI, DWI or Test Refusal and you intend to fight the charges you must file an Implied Consent Petition within thirty days of the Notice of Revocation, otherwise the DWI will go on your driving record. A brief note about Minnesota DWI laws. The Minnesota Driving While Impaired Law is the most complicated area of criminal law. The Minnesota DWI Law affects your ability to drive, your criminal record and even affects whether you can keep the motor vehicle you were driving. Penalties and procedures vary from county to county and sometimes from city to city. Anyone seeking advice in the area of DWI law should speak to an attorney who practices in this area of law. I have twenty years of DWI defense. In addition, time limits to contest a DWI are very short and once those time limits expire, your rights are lost. Remember, even if the State does not prosecute your DWI, the DWI will go on your driving record and you will still lose your driving privileges unless you file a Petition for Judicial Determination, commonly known as an Implied Consent Petition. You have only thirty days from the date of notice of revocation to file the Implied Consent Petition. Again, if you do not file the Petition challenging the revocation you will have a DWI on your driving record. The court date you have to appear has nothing to do with the revocation of your driving privileges. Fourth Degree DWI In Minnesota, a Fourth Degree Driving While Impaired offense is a misdemeanor punishable by no more than 90 days in jail, a $1,000.00 fine and loss of your driving privileges for 90 days. The loss of your driving privileges has nothing to do with the criminal charge. In fact, even if the State does not prosecute your DWI, the DWI will go on your driving record and you will still lose your driving privileges unless you file a Petition for Judicial Determination, commonly known as an Implied Consent Petition. You have only thirty days from the date of notice of revocation to file the Implied Consent Petition. Again, if you do not file the Petition challenging the revocation you will have a DWI on your driving record. Top Third Degree DWI In Minnesota, a person can be charged with Third Degree Driving While Impaired if that person tested over .20 (even if it is a first time!), had a prior DWI conviction or DWI revocation, tested over .08 and had children present in the vehicle at the time of the stop, or refused to take a alcohol concentration test, commonly referred to as a Òtest refusalÓ. Punishment for this offense can be severe. In the case of a refusal, a person can lose his or her privilege to drive for one year, face a thirty-day mandatory sentence, face a jail sentence of up to one year and pay a fine of up to $3,000.00. Top Second Degree DWI In Minnesota, a driver can be charged with Second Degree DWI if he or she: * Two DWI related drivers license revocations or DWI convictions in the past ten years, or * Has one DWI related driver license revocation in the last ten years and refuses to provide a breath, urine or blood sample for testing during the current offense * Has a child the vehicle at the time of the stop and refuses either provide a breath, urine or blood sample for testing or does provide a sample for testing and the test result in a charge of over .20 * Provided a sample for testing and the result was .20 or more has on prior DWI driver's license revocation or DWI conviction within the last ten years. Punishment for some Second Degree DWIs can be severe, with minimum sentences starting at 90 days and possible loss of driving privileges for one year. The maximum penalty is one year in jail. In some cases, the car involved is seized by the State and may be forfeited. If that is the case, the owner must act quickly to stop the forfeiture. Unless the owner sues within thirty days to claim the car it wil be forfeited. Top First Degree DWI In Minnesota, First Degree DWI is a Felony, with a maximum state prison sentence of up to seven years. A person can be charged with First Degree DWI if he or she has three prior DWI convictions or DWI driverÕs license revocations in the past ten years or has a prior Criminal Vehicular Operation resulting in death, or has a prior felony DWI conviction.