Getting charged with a DWI (Driving While Impaired) can single-handedly change your life. Keep in mind that a charge will not always lead to a conviction. Sometimes, you can avoid potential fines, license suspension, and jail time. In these cases, dismissal is an option.
With that, you may be asking yourself, “Can I get my DWI dismissed in Minnesota?”
While getting a DWI dismissed is not always easy, it is not impossible either. However, you will need the help of an experienced criminal defense lawyer. Here is what you need to know for your case.
What Is a DWI Charge in Minnesota?
You can be charged with driving while impaired when you operate or are in physical control of a motor vehicle by:
- Having a blood alcohol concentration (BAC) of 0.08% or higher
- Being under the influence of alcohol or drugs
- Having any amount of a controlled substance in your system
- Refusing to take a chemical test under Minnesota’s implied consent law
If you are charged and convicted, that can result in anything from fines to jail time. However, being charged does not always lead to conviction. There are times when you could get a dismissal of your case.
Can I Get My DWI Dismissed?
A dismissal is possible, but it depends on the details of your case. This is a rare occurrence, but certain factors can work in your favor. Some of the most common reasons include:
The Traffic Stop Was Unlawful
The police need to have a valid reason to stop you. This is known as “reasonable suspicion.” If the stop was based on a vague or unjustified reason, such as pulling you over without evidence of any traffic violation, your attorney may argue that it was unlawful.
Any evidence obtained after that, like a breathalyzer test or field sobriety test, could be thrown out when the stop is considered unconstitutional under the Fourth Amendment. In turn, the case might be dismissed.
No Probable Cause for Arrest
Even if the officer had a valid reason to pull you over, they also need to have “probable cause” to arrest you for DWI. Once again, there needs to be clear evidence that you were impaired. If the officer did not have enough reason to arrest you, your attorney may be able to argue that the arrest was unlawful.
Improper Testing Procedures
All field sobriety and chemical tests need to be administered properly. If the officer didn’t follow the proper procedures, the evidence collected could be deemed inadmissible. Without reliable test results, the prosecution might not be able to prove its case against you.
Violation of Your Rights
If you are arrested for DWI, you must be informed of your rights to refuse a chemical test. When the officer does not properly explain these rights to you, or if they fail to offer you the chance to consult with an attorney before you decide whether to take the test, any results may be inadmissible.
Medical Conditions or Alternative Explanations
Sometimes, there are medical conditions or situations that can cause you to appear intoxicated, even if you’re not. If you can show that a condition or other factor led to false test results, your lawyer may be able to argue for a dismissal.
What Happens Next?
If you’re facing a DWI charge and want to explore whether dismissal is an option, you need to reach out to an experienced defense attorney. They will analyze all the details of your case to see if any legal issues, errors, or violations could work in your favor.
Get Legal Help to Seek a Dismissal of Charges
Can I get my DWI dismissed in Minnesota? It is possible under the right circumstances. If you’re facing a DWI charge, make sure to get the advice of a skilled defense lawyer for your next steps.
At 29th and Law PC, we can assist with your criminal case. Our experienced criminal defense attorneys can guide you through the process. Please contact us or call (218) 770-9764.