Copyright Articles 1996 - 2013 - All Rights Reserved

Minnesota criminal law, criminal defense, Divorce, custody, Lawyers

DWI Defense 
 


Search
Go


 General Info



About this Site


 ASK-A-LAWYER



Ask-A-Lawyer: Questions


 BUSINESS



Business & Corporate Law


Minnesota Franchise Law


Freedom of Information Act


 CRIMINAL DEFENSE



Criminal Defense Center


DWI Center


 DIVORCE



Minnesota Divorce


Collaborative Law


 ESTATE PLANNING



Estate Planning Center


 JUVENILE LAW



Minnesota Juvenile Justice Center

Minnesota Lawyers  
Ofc. 612.240.8005  
Suite 700  
5775 Wayzata Boulevard  
St. Louis Park, MN 55416  

maury@beaulier.com  


Sitemap





Google

DWI, OWI, DUI, Drunk Driving.
 

DWI Defense

Call (612) 240.8005

Criminal Defense Center
Return to Main Page.
Find Lawyers in Other States.

Bulletin Board
Ask a question on our Criminal Defense & Bulletin Board

Ask-A-Lawyer
Ask-A-Lawyer your Minnesota legal question

Criminal Laws
Review Wisconsin's Criminal Statutes

Links
Review links to DWI & Criminal Defense Resources

Criminal Defense Library
Review our reference library regarding issues related to your criminal defense.

Criminal Defense News
Review just a sampling of our success stories.

cover

How to Fight Your Traffic Ticket and Win

cover

Winning in Traffic Court : I Fight MY...

cover

An Educated Guide to Speeding Tickets :...

r

  DWI,DUI, OWI, Drunk Driving, Drunk Snowmobiling, Boating While Intoxicated

Do I Need a Lawyer for DUI, DWI or OWI?

First, it is important to recognize that the terms DWI, DUI and OWI are synonymous. Different terms are used in different states, but generally they all refer to drunk driving offenses.

It is important in any DUI/DWI case to KNOW YOUR RIGHTS!  Any delay in contacting an experienced DUI/DWI attorney may prejudice your case including your criminal defense and your ability to have your license reinstated. Even a first offense DUI/DWI conviction can have serious consequences. In fact, if your blood or breath alcohol level (BAC) was over .20, you may face mandatory jail sentences and fines!

Even a first offense with a blood alcohol concentration below .20 has potential penalties of up to 90 days in jail and a $1,000 fine. Moreover, in any DUI/DWI case, you may be required to attend an alcohol safety class, submit to a chemical assessment and follow any treatment recommendations which may potentially include in patient or out patient treatment!

Contrary to popular belief, there are many effective ways to challenge a DWI.   This is particularly true since DWI law is forever changing and developing where new defenses and challenges are brought.  By failing to contact an attorney, you lose any chance of defending against such very serious charges.  The particular defenses are developed by an experienced attorney only after performing discovery and collecting necessary documents which include police reports, recorded statements, chemical testing apparatus maintenance logs and user records.  Given the severity of the consequences, it is imperative that you speak to a DWI lawyer as part of your case.  Free consultations are usually offered.  To consult call (612) 2409-8005. 

How Long will a DWI stay on my driving record?

A DWI will ALWAYS remain on your driving record. Moreover, if you are charged with a second or subsequent offense within 10 years of a DWI conviction, the potential penalties increase greatly. In fact, potential penalties for a second offense within 10 years carries with it up to one year in jail and a $3,000 fine. Moreover, if convicted the law requires that the judge sentence you to mandatory jail time. You may also lose your driving privileges for a year or more.

What can a lawyer do for me?

A experienced DWI lawyer will try to suppress the results of your blood, breath or urine test. This will require an exhaustive examination of the testing procedures used, the maintenance records for any machinery implemented, a review of test operator background, a review of any test operator's training and experience. It will also require a review of any audio or video tapes. Often, video tapes of the stop and field sobriety tests are made and officers are required to audio tape an Implied Consent Advisory whenever it is practical to do so.

Only after a thorough review of all evidence, is it possible to devise a strategy for attacking the actual chemical test results. In fact, with regard to blood and urine tests, the law enforcement agency may be required by law to preserve a second sample for testing by your defense counsel.

Moreover, your defense attorney may attack the procedures followed by the arresting officer. Did you know that the results of a breath or blood test may be suppressed as evidence in your criminal trial if the sample was not collected within two hours of your driving conduct?

There are many different defenses and attacks that may be raised. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

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 fro true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

Do I have any challenges if I refuse to submit to a chemical test?

You may have challenges even if you refuse to submit to a chemical test. There are a number of instances where it can be argued that the refusal was reasonable including medical exceptions and sanitary conditions. Moreover, even in cases of a refusal, law enforcement officers must follow a very specific set of defined procedures. If they miss even one required step, it may be a basis to suppress evidence or seek a dismissal of the charges. In fact, most cases, are often dismissed even before a trial when challenges are made to procedures or evidence. At such hearings, your attorney may demand that the arresting officer appear and testify. This provides your attorney with an opportunity to test the officer's memory, procures implemented, background and credibility.

Visit our DWI CENTER!


Our lawyers have been distinguished as top trial lawyers in Minnesota and Wisconsin . Our criminal defense lawyers have successfully defended hundreds of individuals accused of DWI and other serious crimes including defense of "white collar" crime, sex offenses and drug charges. Call us at 612.240.8005.

Fighting a criminal case can be very complicated. Did you know that many cases are dismissed on technicalities? An attorney must have knowledge of the court system and know the different personalities of Judges and Prosecutors.

To review just a sampling of our success stories CLICK HERE






About this Site  |  Ask-A-Lawyer: Questions  |  Business & Corporate Law  |  Minnesota Franchise Law  |  Freedom of Information Act  |  Criminal Defense Center  |  DWI Center  |  Minnesota Divorce  |  Collaborative Law  |  Estate Planning Center  |  Minnesota Juvenile Justice Center

LEGAL SOLUTIONS FOR BUSINESS AND FAMILY

Any information contained on this site is general in nature. You should not rely on any articles, postings or other information on these pages as legal advice or to create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact an attorney in your state.

Any Lawyers referred have indicated the geographic area and the areas of law in which they will accept referrals. This site makes no investigation into the referral attorney's particular abilities to handle the Client's legal matter. Before employing the attorney, the Client should interview the attorney and make whatever investigation the Client feels is appropriate into the attorney's qualifications to handle the Client's legal matter.

Minnesota Lawyers


Sign In

 Sign In