If you get a DWI citation in the state of Minnesota, the repercussions can go beyond simply being pulled over and making court appearances. Unfortunately, a DWI conviction can leave a permanent mark on your driving record in Minnesota.
A DWI offense, or driving while intoxicated, is also known as a DUI or driving under the influence, in other states, but they share the same definition. Intoxication is typically defined as exceeding a blood alcohol content of .08, which is the legal limit throughout the U.S.
While other situations such as bankruptcy can disappear from your records after a certain period of time, current Minnesota DWI and DUI laws dictate that an arrest and conviction will remain on your record for the rest of your life. This is why it’s important to speak with a Minnesota DWI attorney as soon as you’re cited for a DWI if you want the best chance at avoiding a conviction.
How a DWI Conviction Can Impact Your Life
It can be difficult to move forward with your life if you have a DWI conviction on your record. It’s particularly challenging when attempting to get a job. Many companies will see a DWI conviction as a sign that you’re irresponsible or as an indicator of alcoholism or addiction.
A DWI conviction will appear on your record whenever a background check is conducted, which can turn employers away from you. Minnesota is a state that allows potential employers to avoid hiring individuals with a questionable criminal record.
Getting a DWI Expunged in Minnesota? Possible… But not Easy
Until 2015, judges had a very limited ability to expunge criminal records such as DWIs along with other crimes including assault, sexual assault, and homicide. New laws have made it easier for individuals to get their records expunged; this includes DUI convictions under certain circumstances.
Today, individuals convicted of a crime in the state of Minnesota can attempt to have it expunged with the new expungement law in place. However, the crime must qualify as a misdemeanor, a petty misdemeanor, or a gross misdemeanor. A majority of first-offense DWIs in Minnesota are considered misdemeanors, but they will be considered gross misdemeanors if the individual fails to submit a breathalyzer test, if the individual’s blood alcohol content (BAC) is .16 percent or higher, or if a child under the age of 16 is present in the vehicle at the time of arrest.
It is possible for convicted individuals can have a DWI expunged after completing their sentence, including any court-mandated probation, fines, and jail time. Diversion may also be required prior to expungement, and the individual must not commit any other crimes within at least two years of the conviction. The expungement of a DUI is still a difficult thing to obtain, but it is possible under the new law changes. Since there are no guarantees of expungement, it is much more important to make sure you current charge is handled correctly before the conviction rather than trying to fix it years later.
Even if it is possible to get a DWI expunged, the process can require ample time and money, and a DWI conviction can still have a negative impact on your life in a number of ways. For instance, you might see an increase in insurance rates within the next few years, and a subsequent arrest can lead the authorities to use a previous arrest and conviction against you in court.
The Importance of Working with an Experienced Attorney
If you are arrested for a DWI, it’s important to contact an experienced and reliable DWI attorney to discuss your case to make sure you handle it correctly. It is never a good practice to assume you can fix the problem later with an expungement. A good attorney will be able to inform you of your rights and fight the charges against you to prevent a DWI from affecting your life.
Kevin DeVore is a dependable attorney who understands your rights and will fight with you to preserve them. If you are in need of reliable representation in a DWI case in Minnesota, contact us for a free case evaluation.
Posted 30th March 2020 by DeVore Criminal Defense