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Ofc. 612.240.8005
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5775 Wayzata Boulevard
St. Louis Park, MN 55416
maury@beaulier.com
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DWI, OWI, DUI, Drunk Driving, Boating while intoxicated (BWI), snowmobiling while intoxicated, theft, fraud, homicide, assault, hit and run, driving after suspension (DAS), drug charges, driving after revocation (DAR), driving after cancellation (DAC)
On this page you may discuss your Wisconsin or Minnesota criminal case with others or ask a legal question. Please remember to identify the state of the violation in your question and the charging statute number if known. For a consultation call or for emergency assistance call 612.240.8005.
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Subject Third Degree DWI
Date Tue May 26 2009 22:20
Author Maury D. Beaulier
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First, you are charged with a third degree offense because you have a prior offense within ten years. Even if you last criminal charge was reduced to careless driving, if you did not fight and prevail on the license revocation associated with the DWI, you have a prior enhancing event. That is precisely why challenging the license revocation is so important. Second, this is very serious and carries with it maximum criminal penalties of one year in jail and a $3000 fine. If convicted there are also mandatory minimum penalties of $1000 and 30 days in jail. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process. Third, there is also a civil case that results in the revocation of your driver's license. On a third degree offense, you may be revoked for up to six months. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. Fourth, there are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures. Fifth, there are many challenges to a DWI. The fact that you cannot think of any other than the fact that you had a poor prior chemiocal dependency evaluator, does not mean defenses do not exist. In fact, the issues with your chemical dependency evaluator provides you no defense to the present charge. Nonethless, it is true that officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. **SOURCE CODE DEFENSES APPROVED BY MINNESOTA SUPREME COURT!! Even more compelling, on April 30, 2009, the Minnesota Supreme Court issued a decision related computerized source codes of breath testing devices that has added a new facet to the DWI defense attorney's ability to seek a dismissal of DWI charges by suppressing any breath test results. If you submitted to a breath test, you may have challenges in that regard. Other points of a defense anaylsis include: · Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid; · Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid; · Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed; · Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge. I have more than 17 years of experience in defending against DWI charges. We have affordable legal fees and provide aggressive representation. Call for a FREE Consultation call us at 612.240.8005. |
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