If you live in Minnesota, were vacationing or visiting there, conducting business, or just passing through the state to another destination and were stopped and issued a charge for a DWI (driving while intoxicated) or DUI (driving under the influence), you will need to obtain the helpful services of an experienced Minnesota lawyer.

A DWI or DUI charge is a serious offense and it is not to be taken lightly. You need to file a challenge, or an appeal, immediately or you could lose your driver’s license without a hearing.

If you are stopped in the State of Minnesota for DWI or DUI reasons, the police officer will administer a breath test to you. If your blood alcohol concentration (BAC) level is found to be 0.10 or above, you will be arrested on a DWI charge. The State of Minnesota has differing degrees of DWI charges depending on the specific circumstances surrounding your charge.

Aggravating factors as defined by Minnesota law are:

• Driving with a BAC of 0.20 or higher
• Having a past DWI conviction in the last 10 years
• Having a minor (under age 16) in the car with you at the time

If you are arrested in the State of Minnesota on a DWI charge, you are guaranteed the right to speak to a lawyer before you are required to take a chemical test. If you refuse to take the chemical test, it will result in another charge to you, separate from the DWI charge.

In Minnesota, your DWI comes with a specific “degree” of the charge.

Fourth Degree DWI

• First time offender, no aggravating factors
• This is considered a misdemeanor
• Jail time, 90 days or less
• Monetary fine up to $1,000
• Loss of driver’s license for 90 days

Third Degree DWI

• Offender, with aggravating factors
• If you refuse to take a chemical test
• This is considered a gross misdemeanor
• Jail time, up to one year
• Monetary fine up to $3,000
• Loss of driver’s license for up to 6 months

Second Degree DWI

• Offender with two aggravating factors
• This is labeled a gross misdemeanor and your punishments are the same as for the third degree charges; however, if you have two aggravating factors against you, your vehicle will also be impounded.

If you are charged with all three aggravating factors, your penalties will include:

• Jail time, up to five years
• Felony charge
• A monetary fine of $10,000
• Your vehicle will be impounded
• Your will lose your driver’s license for an indeterminate amount of time

You must remember a DWI charge is really equal to two charges in one. There is the criminal charge and also an administrative (or civil) charge, which deals with the Minnesota Department of Motor Vehicles (DMV). You can be assessed penalties from both entities. Each case deals with a different court system and different prosecutors. You could win the criminal case and still have a notation of the charge on your driving record from the DMV.

When, and if, you receive your driver’s license back after resolving this DWI or DUI charge, your insurance premiums will probably increase.

Some challenges your Minnesota lawyer could make in your defense include the following:

• Challenge why the police officer stopped your vehicle in the first place. The officer must have had a reasonable cause to believe a traffic violation or other violation was occurring to have pulled you over.
• If any blood, breath, or urine tests were administered, your lawyer can challenge the validity of the results, and if you suspect the equipment was faulty or the person administering the test was not skilled or trained to do so.
• You are guaranteed the right to a speedy trial. If your trial date is not set within a certain specified period of time, the charges against you must be dropped.

If you have a pending Minnesota DWI or DUI, you need to employ the services of a Minnesota lawyer to help present your case.

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