DUI and DWI charges can happen to anyone that drinks alcohol in any form. DUI and DWI charges can be very costly and are nearly always very inconvenient because you can lose your driving privileges , incur significant fines and penalties and can even lose your vehicle. Of course, you may also have to spend time in jail.
The Scott Lewis Law Firm handles all aspects of alcohol related offenses from the initial stop to appellate procedures. We will examine your case from top to bottom including:
Initial stop or approach to your vehicle by law enforcement
Probable cause to stop or arrest
Whether you were informed of your right to speak with an attorney and given adequate time to consider your right to an attorney
Was the test valid or was your refusal valid?
If you refused a test, was it a reasonable refusal?
Was the testing done properly?
Was the scientific equipment used for the test properly and recently calibrated?
We have tried numerous DWI and DUI cases with successful outcomes. We have settled hundreds of DWI and DUI cases resulting in dismissal or reduction of charges. In addition, we have successfully negotiated alternative sentences to mandatory jail time, including community work service and house arrest.
DRIVER’S LICENSE REVOCATION & IMPLIED CONSENT
Our attorneys have successfully handled hundreds of drivers license revocations, also known as the implied consent law. Many times, we are able to have your full driving privileges reinstated while your case is pending without paying the significant reinstatement fee or retesting.
VEHICLE SEIZURES & FORFEITURES
We have vast experience in dealing with the seizure and forfeiture of your vehicle for an alcohol related offense like DUI or DWI. We have successfully obtained return of the vehicle to the owner by Court Order as well as structured settlements.
*In this video I talked about a 30 day deadline for filing, it's now 60 days
DUI AGGRAVATING FACTORS
A DUI or DWI in Minnesota is an “enhanceable” offense. This means that certain aggravating factors can make a charge of DUI or DWI more serious. The number of aggravating factors in a drunk driving offense determine the degree of that charges you will face.
The aggravating factors under Minnesota Law are any one or more of the following:
A blood alcohol content of .16 or higher
The presence of a child under the age of 16 in the vehicle at the time of the offense
Prior impaired driving or alcohol related drivers license revocations within the ten years preceding the current offense
Any of these factors will result in a more serious charge of DUI / DWI and can increase the possible sentence that you could face in court. If you plea to any type of alcohol related driving offense you will be informed in court of the potential for additional similar driving offenses being aggravated by the one you are currently pleading to.
The Minnesota Implied Consent Law lays out strict procedures that police must follow in order to request a BAC (blood alcohol content) test from a driver suspected of DUI/DWI. Driving on the public roadways is a privilege as opposed to a constitutional right. To maintain a driver’s license you basically consent to submit to a BAC test if a law enforcement officer has probable cause to suspect that you are under the influence of alcohol. If you refuse to take a BAC test (Breath Test) when asked, then the Minnesota Implied Consent Law is applied.
When a police officer has probable cause to suspect you of DUI or DWI, he or she will arrest you and read to you the Minnesota Implied Consent Advisory. This advisory basically informs you that you have an obligation under Minnesota Law to submit to a blood alcohol test, that refusing to take the test is a crime, and that you have a right to contact an attorney before you take the test.
At that point, you are obligated to submit to a breath, blood or urine test. If you fail to submit to testing you can be cited for the additional crime of Minnesota DUI / DWI test refusal. Under the Implied Consent Law, refusal can be based on verbal responses from you, written refusal or by conduct.
Conduct refusals to take the test can be based on belligerent behavior, failure to blow into the mouthpiece of the breath test machine as instructed, failure to provide to adequate breath samples, putting breath mints or mouthwash in your mouth prior to taking the test, by silence or even by ignoring the officer’s instructions.
Once you refuse to take the test, the officer is not required to offer it to you again but they may do so if the new consent is timely (immediate) and does not unreasonably delay the testing procedure.
The most common impact of test refusal under the Implied Consent Law is that you will lose your driving privileges for 12 months. If you have any questions about the Minnesota Implied Consent Law or have been arrested for DUI / DWI, contact the Scott Lewis Law Office immediately.