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Woodbury DWI Lawyers

1. Jakway, Thomas: My philosophy in criminal and DUI defense is to do everything possible to protect my clients.Ê In DUI this involves fighting the implied consent driver's license revocation.Ê This is extremely important because the continued loss of driving privileges may impact employment and normal everyday life.Ê Beyond these initial effects, if the revocation stays on your driving record, it may make any future DUIs have more serious penalties.Ê This is called enhancement or use as an aggravating factor.Ê Even if the criminal charge of DUI is dismissed, the license revocation may be used against you in the future.ÊÊ Proper preparation and discovery of evidence is important in DUI cases.Ê For example, one of the most useful tools in defending against both the civil and criminal aspects of DUI charges is the audio and videotape taken of your arrest and initial interview by the police themselves. But it is important that you hire an attorney as soon as possible after your arrest to make sure that any potential evidence on those tapes is preserved. Time limits on challenging a notice of revocation or a notice of forfeiture also make it important to hire a lawyer very soon after your arrest in order to begin protecting your rights.Ê You may waive your opportunity to fight your license revocation or your forfeiture if you do not act promptly.Ê Convictions for driving under the influence can cost you future employment and financial opportunities and can also be used to make any future charges against you more serious. These and other facts about DUI make one thing clear: Experienced and aggressive criminal defense is not an option. It's essential. General Information on Drunk Driving While individual states call it different things (OWI, DUI, DWI, DWUI, etc) the laws basically describe the same act: driving a motor vehicle while under the influence (defined as a .08 or higher blood alcohol concentration level). An arrest in the state of Minnesota for Driving While Intoxicated or DWI will generate two individual and seperate legal proceedings. This is why people often recieve two tickets when they are arrested for DWI. The first ticket is for the criminal charge that will deal with the alleged drunk driving offenses involved. The second is an administrative proceeding brought by the Minnesota Department of Transportation which may result in a revocation of your Minnesota driving privileges. Minnesota Statute Section 169.121 states it is a crime for any person to drive, operate or be in physical control of any motor vehicle when the person is under the influence of alcohol, the person is under the influence of a controlled substance, the person is under the influence of a combination of alcohol and drugs and the person's alcohol concentration is .08% or more. You can be arrested for suspicion of a DWI even if your Blood Alcohol Content (BAC) is under .08% if the officer feels you were operating your vehicle in a dangerous and/or reckless manner. Minnesota is an "implied consent" state in which all licensed operators of motor vehicles in the state of Minnesota (as well as those who are citizens of another state operating a motor vehicle in Minnesota) have agreed to field sobriety testing by simply exercising their Minnesota driving privileges. In short, that means that in Minnesota, driving your car is essentially giving the police permission to stop your vehicle and subject you to sobriety testing. Penalties for drunk driving / DWI in Minnesota can include: * Loss or suspension of license * Large fines * Court-ordered substance-abuse treatment * Time in prison or jail * Community service * Restitution (if your DWI caused damage to someone's property) * Criminal record (which can restrict future employment opportunities) If you have been stopped for, arrested for or charged with DWI in Minnesota, it is in your best interest to discuss your options and rights as soon as possible with a qualified DWI lawyer. Minnesota's DWI law is complex and there are several possible outcomes for any charge. Knowing how the courts operate, how they typically charge cases, knowing when they are willing to, and how to negotiate with the prosectuor are all benefits you receive from selecting the right representation for your DWI case. Driving or Not, being "In Control" of a car can lead to DWI chages The requirement of driving or operating implies that the driver must have control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually "driving" in a particular circumstance. Several Minnesotans have been charged for merely sleeping in their car while under the influence, as possession of the keys, as well as being in the vehicle can constitute "control" over the vehicle. BAC Testing The most substantial piece of evidence the prosecution will bring against someone who has been charged with DWI in Minnesota is the results of their BAC (blood-alcohol concentration) test. This test in Minnesota can be taken one of three ways: * A blood draw perfomed by a qualified medical professional * A portable breath testing device (often called a "Breathalyzer) * Urine testing The timing, justification for testing, method of testing, procedure of testing, proper maintenance of the testing materials and the actual science behind the testing can all come into play when defending your DWI charge. One of the biggest mistakes someone who has been charged with DWI can make is to assume that because the testing device measured over .08 that they should plead guilty. The fact of the matter is, the results of BAC testing are called into question on an almost daily basis in Minnesota courts. In addition to the scientific testing, your general behavior when driving, upon being pulled over and when working with the arresting officer can all end up being reviewed in court. Some of the tests that may have been performed in addition to the BAC testing include: * Finger-to-nose test * One-legged stand * Walk-and-turn test * Horizontal-gaze-nystagmus test * Picking up coins * Counting backwards * Reciting the alphabet * Throwing and/or catching a ball What's important to understand about these tests is that successful performance relies on a myriad of phyical conditions and abilities. They are subjective and what the the 'tests' reveal can be challenged by an experienced and effective DWI lawyer.
2. Peterson & Schiks: A DWI/DUI can turn a mistake into a nightmare. The process is fraught with ever changing pitfalls for the criminal defendant. In recent years, the legislature has lowered the blood alcohol limit to .08 and converted certain repeat offenses into felonies. In addition, state law agencies have been increasing their enforcement of these stricter laws. According to the Star Tribune, over 2600 Minnesota Drivers were arrested for DWI/DUI in December of 2008 alone. Now, more than ever, the average citizen is at risk for being cited for this charge. It is important to know that a DWI/DUI defendant faces far more than the potential for fine and imprisonment. The state can and will impose separate civil penalties that include, but are not limited to, drivers license revocation, license plate impoundment and vehicle forfeiture. The law in this area is ever changing. As recently as last year, the legislature changed the rules so that driving with a blood alcohol level of .08 or higher means that an individual with a Commercial Drivers License (CDL) loses that license for a minimum of one year. Even if they are only driving their personal vehicle. Any individual facing these consequences needs professional legal representation to protect all of their interests at stake. Peterson and Schiks know and understand the latest changes related to DUI/DWI laws. They work with clients each step of the way to make sure clients know their options, their rights are protected and the best possible resolution is achieved.
3. Coodin & Overson: A DWI or DUI is, for many people, their first and only encounter with the criminal justice system. The stakes are high in every drunk driving case, and it's not just because of the threat of jail time or harsh fines. In Minnesota, your driver's license will likely be revoked after a DWI arrest, severely limiting your mobility. This can spill over into every aspect of your life, from employment to relationships with friends and family. Under certain circumstances, the State may even take your vehicle. Driver's License Revocation: You only have 30 days from the Notice of Revocation to challenge the revocation of your driver's license. This is called an Implied Consent Hearing and is a separate case from your criminal DWI case. If this is your first DWI, your driver's license is suspended for 90 days if your test result was greater than .08 and lower than .20. If this is your first DWI and the test result was greater than .20 or you had a minor child under 16 years of age in your car, your license will be suspended for 180 days. If you refused the test, your license will be suspended for 1 year. If you have a prior DWI within 10 years, or there are other aggravating factors, your driver's license may be suspended even longer. Penalties: If this is your first DWI and the test result was greater than .08 and lower than .20, it is usually charged as a misdemeanor. This is punishable by up to 90 days in jail and a $1,000.00 fine. A gross misdemeanor would be charged if this is your second offense within 10 years and is punishable by up to 1 year in jail and a $3,000.00 fine. The minimum sentence under the law for this case is 30 days in jail. A gross misdemeanor can also be charged if your test result was greater than .20 or if you refused the test. If this is your third offense within 10 years, although this is still a gross misdemeanor, it has a minimum sentence of at least 90 days in jail. A fourth offense in 10 years is a felony and has a maximum penalty of 7 years and a $14,000.00 fine with a minimum sentence of 180 days. Whether this is your first DWI charge or you have received a prior conviction, it is extremely important to contact an experienced and qualified DWI defense attorney as soon as possible. DWI is an enhanceable offense, meaning the penalties increase exponentially for subsequent arrests. The penalties are harsh enough after a first offense, but if you have a prior DWI or DUI conviction within ten years, you could be facing a mandatory jail sentence. At Coodin & Overson Law Offices, we treat every case as if our clients' lives depend on it. Contact a qualified DUI attorney for a free consultation. We will give you an honest and realistic assessment of your case and help you decide how to proceed.