A DWI arrest in Minnesota can be devastating and confusing for drivers. When arrested for the first time, it is necessary to understand the process and your rights. An experienced attorney can guide you through the arrest process and the potential sentencing you may face.
In Minnesota, a person is deemed to be driving while impaired if they have a blood alcohol concentration of 0.08% or higher, are under the influence of alcohol or drugs, or test positive for a controlled substance.
Minnesota has an implied consent law. All drivers agree to chemical testing of their breath, blood, or urine if an officer suspects impairment by nature of driving on the road. Minnesota’s DWI laws are complex. You can refuse field sobriety tests, but this does not apply to chemical testing because of implied consent laws. That said, you have a right to consult a skilled DWI defense attorney to assist with your case.
The Arrest Process and Penalties
A DWI typically begins with a traffic stop. Police officers may pull over drivers for erratic driving or at a sobriety checkpoint. The officer may conduct field sobriety tests if they suspect the driver is impaired. If the tests determine that the driver is likely impaired, the driver will be detained and arrested.
Administrative Penalties for a First DWI
Minnesota drivers may face administrative penalties from the Minnesota Department of Public Safety even before dealing with the outcome of any criminal charges. Penalties include:
- Driver’s License Suspension – Depending on the driver’s BAC, the driver’s license may be suspended for 90 days to 1 year.
- Plate Impoundment – The state may also impound your license plates and force you to get special plates.
Criminal Penalties for a First DWI
The criminal penalties for a first-time DWI in Minnesota depend on the severity of the offense. Most first-time DWIs are considered misdemeanors, which Minnesota law calls fourth-degree DWIs.They can carry an incarceration period of up to 90 days, fines that cannot exceed $1,000, and usually include probation with DWI education programs.
Other Potential Consequences
A DWI can carry additional long-term effects, which include:
- Increased Insurance Rates
- Criminal Record
- Difficulty Passing Employment Background Checks
Defending Against a First DWI
If you’ve been arrested for a first-time DWI in Minnesota, you must explore all available legal options. The first and most crucial step is to hire a qualified attorney who can evaluate the facts of your case, guide you through the legal process, and identify any available defenses. Common defenses may include:
- Challenging the Traffic Stop – Police officers must have had probable cause to pull you over. If there was no legitimate reason for the stop, it is considered unconstitutional, which means the case can be dismissed.
- Disputing the Test Results – Chemical tests can produce inaccurate results due to defective equipment, improper officer use, or the driver having certain medical conditions that may affect the test results.
- Proving Procedural Errors – Police officers must follow strict procedures, and courts may drop the charges if officers don’t follow those procedures.
Key Takeaways
A first-time DWI offender should expect administrative and criminal consequences for their actions, which can have long-term effects on insurance costs, employment, and their criminal record. As such, it is necessary to hire an experienced attorney when dealing with a DWI charge.
A qualified lawyer from 29th and Law can help you determine the best path forward for your situation. It is imperative to consult an experienced criminal defense attorney who can help you through the process. Please contact us or call (218) 770-9764.