Minnesota-Driving While Intoxicated
The DWI laws have gotten even stricter in Minnesota in the past few years. Minnesota already had some of the most severe penalties for DWI and, as of 2005, they joined the other 49 states in adopting the .08 BAC (blood alcohol content) limit for drivers. It is a crime to drive, operate, or be in physical control of a vehicle with more alcohol than .08 per 100 grams of blood as determined by one of several chemical tests available including testing the breath, blood or urine of the suspected drunk driver. If you or someone you love has been cited with a DWI in Minnesota it is very important to contact a lawyer who specializes in DWI defense immediately to ensure that you are treated fairly. The type of chemical test given can affect the outcome and there are some medical conditions, medications, prescriptions and other circumstances that can affect the test and these must be explained to the arresting officer BEFORE you take the chemical test. It is your right in Minnesota to speak with a lawyer before you take the chemical test and the officer must provide you with the phone book if you do not have a lawyer’s phone number.
Even though you can speak to your lawyer first, you cannot refuse to take the test at all. If you do you are subject to additional punishments as this is considered a separate crime from the DWI itself. Refusal to take a chemical test (breath, blood or urine) after being stopped for a suspected DWI will cause your license to be revoked for at least a year. If you are found guilty of driving with a BAC of .08 or higher on the chemical test you will be subject to losing your driver’s license for 90 days, or 6 months if you are under age 21, or 180 days if your driver license was revoked in the last ten years for an alcohol related offense; and if your BAC reading on the breath test was over .20 these amounts can double.
To challenge the revocation of your driver’s license, you must have your lawyer file a Petition for Judicial Review almost immediately (within 30 days) after being arrested. To reinstate your driving privileges, you will have to pass a written DWI driver's license test, pay a reinstatement fee of $680.00 (this is in addition to any other fines you have been accessed with in court), reapply for driver's license, and pay the usual $18.50 duplication fee. You may also be required to attend substance abuse classes and a driving course about preventing DWI’s.
If you become a repeat offender, you will lose your license for a longer period of time, possibly for six years or more. In order to get your license reinstated after multiple offenses you will have to go to great lengths to demonstrate that you are truly rehabilitated.
While waiting to get your license reinstated it is sometimes possible to get a limited or restricted license that will allow you to drive to and from work, and possibly other necessary activities such as doctor appointments, AA meetings, etc., it you can prove that a “hardship” exists and you have no other way to accomplish these things. There is a waiting period before you can apply for the limited license which depends on the severity of the charges against you and your prior record. You will have to jump through several hoops, interviewing with the examiner, taking tests and paying fees.
Your main goal should be never to be on the receiving end of a DWI by making responsible choices. If you have made the mistake of getting one you should get immediate legal help and do everything in your power to rehabilitate yourself and ensure this never happens to you again. While the legal problems are very inconvenient, living with yourself after killing or severely injuring an innocent person because you drove while intoxicated would certainly be even more difficult so consider yourself lucky and learn from the experience.
Contact Meshbesher & Associates today at 612-332-2000 for a free, no-obligation consultation.
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