Drunk Driving, DWI, and DUI Lawyer in St. Paul, MN

Minnesota DWI/DUI Lawyer

Driving while under the influence, otherwise known as a DWI is always a serious offense. People can get behind the wheel and cause accidents and even death because their reaction time is not as good when drugs and alcohol are involved.

Though many states just consider DWI a single crime, Minnesota has divided it into degrees, each with their own consequences. Some states also distinguish between a DWI and a DUI, but not in Minnesota where a DUI and a DWI are treated as the same thing.

What are the different degrees of DWI in Minnesota?

DUI in the fourth degree is a misdemeanor which carries a maximum penalty of 90 days in jail and a fine of $1,000. A fourth degree DUI means that no aggravating factors exist. Aggravating factors include: alcohol concentration of .16 or greater, a prior alcohol-related incident within 10 years, having a child under the age of 16 in the car, or refusing the chemical test. If none of these aggravating factors are present, the appropriate charge would be a DWI in the fourth degree.

charge which carries a maximum penalty of one year in jail and a fine of $3,000. A DUI in the third degree means that you have one aggravating factor present. If the offense is a second within 10 years of a prior, there is a mandatory 30 jail penalty that must be imposed by the court.

DUI in the second degree is also a gross misdemeanor which carries a maximum penalty of one year in jail and a fine of $3,000. A DUI in the second degree means that you have two aggravating factors present. If the offense is a third DUI in 10 years, there is a mandatory 90 jail penalty that must be imposed by the court.

DUI in the first degree is a felony which carries a maximum penalty of seven years in prison and $14,000 fine. This is the most severe DWI that you can get. A DUI in the first degree means that this is your fourth DUI offense within 10 years.

What are the consequences of DWI in Minnesota?

A fourth-degree DWI conviction is considered a misdemeanor. You could spend up to ninety days in jail. Your fines could reach up to one thousand dollars.

A third-degree DWI is considered a gross misdemeanor level offense. You could spend up to a year in jail, and your fines could reach up to three thousand dollars. If this is your second DUI in 10 years, you will spend at least thirty days behind bars.

A second degree DWI is also considered a gross misdemeanor. You could spend up to one year in jail and pay fines up to three thousand dollars. If this is your third DUI in 10 years, you will spend at least ninety days in jail.

A first-degree DWI is considered a felony. You could be facing up to seven years in jail. Your fines could reach up to fourteen thousand dollars.

What are some other consequences that may happen?

Not only are you looking at jail time and fines, but you may also notice some other things. These include:

Loss of driver’s license. All DUI convictions will result in the revocation of ones driver’s license. In some cases, it will mean the cancelation of the license requiring treatment and many other conditions to be satisfied before one can get their license back

If you are convicted of a DUI, you are looking at time without a license. For most people, this can be a terrible experienced. They are used to driving to school, work, and the store without thinking about it.

Most people lose their license for three months, though the amount of time increases with each new conviction. There are some repeat offenders who don’t have their license for a few years.

Can you imagine how you are going to get to work without a license? How many people are you going to have to bother in order to keep your job? Even if you are only looking at a month or two without it, you are going to have to bother a lot of people just to get where you need to be.

Vehicle Forfeiture. Under certain circumstances, the police can take your car and keep it… forever. This action is called a forfeiture which Minnesota law allows under specific (but common) circumstances.

Your family and friends may look at you differently. They may not be as interested in spending time with you, especially when alcohol is involved. They may not invite you to dinners and parties where they know drinking is going to occur.

They may not want to get in the vehicle with you. They may prefer to drive instead of you so they don’t have to worry about you driving when you shouldn’t be. It can take some time to gain their trust back. It is much better not to break it!

You could lose your commercial license too. Many commercial driving companies have a no-tolerance policy for drinking and driving. Most will fire you as soon as you are convicted.

Even if you get to keep your job, you will lose your commercial driver’s license for up to three years. However, if you get caught over and over, you may lose it permanently.

You are going to have to tell people that you are a convicted criminal. You will get asked about this on any job interviews. Though many companies aren’t afraid to hire someone who has had a DUI, there are plenty who won’t.

You may even have to answer this question if you are going to rent an apartment. You may struggle to find a place to rent because of your record.

Changes to your automobile insurance (as well as others). There is a clause in most automobile insurance policies that allows them to cancel your policy at any time for any reason. If you are caught and convicted, there is a good chance that you will lose your insurance. You may also struggle to get another one!

You may also lose your life insurance policy due to your conviction. If you don’t have one, you might not be eligible to get any when you do decide to look for it.

Anytime that you are charged with a DWI, it is important that you hire a lawyer. It may be the difference between a second-degree conviction and a fourth-degree one. It could be the difference between spending a year in jail and ninety days there.

Common Types of DWI We Focus On

Stop & Arrest : First and most importantly, always try to stay calm. A nervous person will likely look guilty to a police officer. What a person does over the next 30 minutes can be life-changing.
Level Of DWI Charges : The negative effects of being charged with driving while intoxicated are numerous and serious. If you have been arrested for DWI, it is important for you to consult with an experienced, qualified Minnesota DWI lawyer.
License Revocation : There are various penalties that you may face when you are charged with a DWI, not least of which is the suspension of your driving privileges.
Hidden Costs Of DWI : People often wonder what are the actual costs of a DWI. There are many hidden costs you may not know about shortly after being arrested , but they will quickly become apparent as you begin to address your DWI matter.
Choosing A DWI Lawyer : The reality is that if you are facing a DWI charge, the penalties that can be imposed (even if this is your first DWI) are extreme and very serious. It is possible to be sentenced to extensive jail time, expensive fines, loss of driving privileges and other sanctions.
Defenses To DWI : There are many ways to successfully defend a DWI charge in Minnesota.
Felony DWI or CVO : If you are arrested for four DWIs over a period of 10 years, you may be convicted of a felony DWI.
Field Sobriety Testing : There are many possible defenses when Field Sobriety Tests are used in a stop-and-arrest case. Kevin DeVore has extensive experience in handling and interpreting Field Sobriety Tests to best defend your case.
B-Cards : If you have been convicted of three DWI charges, you may seek the issuance of a B-Card to allow you to drive under certain circumstances. Seeking a valid B-Card means that you have completed a substance abuse rehabilitation program and are able to represent to the court that you will not consume any alcohol at any time.
Test Refusal : Field sobriety tests are designed to determine probable cause for arrest of a person. Tests administered by an officer can include the horizontal gaze nystagmus test, standing on one leg, walking a line, counting, or reciting the alphabet.
Vehicle Forfeiture : Many people do not realize that in Minnesota today it is possible that your motor vehicle can be impounded as a result of DWI stop. If you have an qualified and committed DWI attorney working on your behalf, you may be able to avoid this inconvenience.