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Ofc. 612.240.8005
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5775 Wayzata Boulevard
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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 Underage DWI
Date Wed Jul 6 2011 10:26
Author Maury D. Beaulier
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First, a blood alcohol content of .11 is an underage DWI, not an underage drink and drive. It is far more significant. If you have no prior DWI within the last 10 years, you were charged with a fourth degree offense. This is still serious and carries with it maximum criminal penalties of up to 90 days in jail and a $1000 fine. If convicted any subsequent DWI offense would be much more serious and with four offenses in ten years, you can be charged with a felony. As a result, as strong defense on the first alleged incident can be critical to your future. Different Judges give different sentences. Accordingly, understanding your Judge and knowing how to change Judge's can be an important part of the process. There is also a civil case that results in the revocation of your driver's license. On a first offense over your lifetime while underage, revocation periods double. As a result, you may be revoked for 180 days. This is a separate case even though the challenges are largely the same. In order to challenge your license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. A failure to challenge results in an Implied Consent violation on your record which can also affect employment and may be used to enhance any subsequent DWI offense. There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. Certainly, 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. Whether the tail light was sufficiently compromised to be out of compliance with the law is an issue that must be investigated. I have over 20 years of experience representing defendants charged in DWI cases. Often the defenses do not become apparent until full discovery has been made. This includes acquiring audiiotapes, videotapes (which may often exist from squad cameras and at the station), as well as police reports. In the end, we scour the records to explore every possible challenge to the prosecution's case. For a FREE Consultation and legal representation call us at 612.240-8005. |
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