How Do I Defend Against a Minnesota DWI Case?

Arrested for DWI

Being accused or getting arrested for driving while intoxicated (DWI) in Minnesota is serious. In Minnesota, a DWI really is the same as driving under the influence (DUI), and the terms are used interchangeably. At RAM Law PLLC, our team of lawyers have experience representing clients throughout Minnesota at every step of the DWI process. Not only is DWI a crime, the accused may also face severe collateral consequences such as having their driver’s license revoked or canceled.

How Serious Is My DWI Case

While every DWI is a serious mater both regarding the potential criminal sentence and losing your driver’s license, the level of seriousness of a DWI depends on the Degree of the DWI that was charged. The Degree of the DWI depends on the person’s blood alcohol content, and whether there were any aggravating factors present. Pursuant to Minnesota Statute Section 169A.03, aggravating factors include (1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense; (2) having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense; or (3) having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender. In Minnesota, the least severe DWI is a 4th Degree misdemeanor DWI that carries a maximum penalty of 90 days in jail and/or a $1,000 fine. Minn. Stat. 169A.27. The next level of DWI is a 3rd Degree gross misdemeanor DWI that carries a maximum penalty of one-year in jail and/or a $3,000 fine. Minn. Stat. 169A.26. The second most serious is a 2nd Degree gross misdemeanor DWI carries the same maximum penalty as a 3rd Degree DWI, but usually requires a more severe minimum sentence. Minn. Stat. 169A.25. The most severe is a 1st Degree felony DWI that carries a maximum sentence of 7 years in prison and/or a $14,000 fine. Minn. Stat. 169A.24. Regardless of the Degree of your DWI, it is wise to speak with an attorney to ensure the proper steps are taken to obtain the best possible outcome.

Call the DWI Lawyers of RAM Law PLLC at (651) 468-2108 to discuss your DWI or DUI case during a free, confidential case evaluation.

DWI Conditional Release

Felony DWIs in Minnesota also require 5 years of conditional release if the person is sentenced to prison with the Minnesota Department of Corrections. “The commissioner shall impose any conditions of release that the commissioner deems appropriate including, but not limited to, successful completion of an intensive probation program as described in section 169A.74(pilot programs of intensive probation for repeat DWI offenders). If the person fails to comply with any condition of release, the commissioner may revoke the person's conditional release and order the person to serve all or part of the remaining portion of the conditional release term in prison. The commissioner may not dismiss the person from supervision before the conditional release term expires.” This means that a person convicted of felony DWI in Minnesota could serve an additional 5 years in prison after they served their prison sentence.

Will My Driver’s License Be Revoked or Canceled

After being arrested for DWI, the person will likely receive a letter from the Minnesota Department of Public Safety stating that the person’s driver’s license will be revoked or canceled.

Under Minnesota Statute 169A.54, a person convicted will have their driver’s license revoked for:

(1) not less than 30 days for an offense under section 169A.20, subdivision 1 (driving while impaired crime); (2) not less than 90 days for an offense under section 169A.20, subdivision 2 (refusal to submit to chemical test crime); (3) not less than one year for: i. an offense occurring within ten years of a qualified prior impaired driving incident; ii. an offense occurring after two qualified prior impaired driving incidents; or iii. an offense occurring when a person has an alcohol concentration of twice the legal limit or more as measured at the time or within two hours of the time of the offense and the person has no qualified prior impaired driving incident within ten years;

(a) not less than two years for an offense occurring under clause (3), item (i) or (ii), and where the test results indicate an alcohol concentration of twice the legal limit or more, and until the court has certified that treatment or rehabilitation has been successfully completed where prescribed in accordance with section 169A.70 (chemical use assessments); (b) not less than three years for an offense occurring within ten years of the first of two qualified prior impaired driving incidents or occurring after three qualified prior impaired driving incidents and with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner; and (c) not less than four years for an offense occurring within ten years of the first of three qualified prior impaired driving incidents and with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner; or not less than six years for an offense occurring after four or more qualified prior impaired driving incidents and with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner.

Minn. Stat. § 169A.20, subdivision 1 

Call the RAM Law PLLC DWI lawyers at (651) 468-2108 if your driver’s license has been revoked or canceled because of a DWI or alcohol related incident.

Can I Still Drive While I Am Fighting My DWI

In Minnesota, a person can continue driving a motor vehicle even after they have been arrested for DWI if they file a Petition for Judicial Review to challenge the driver’s license revocation and request the revocation period be stayed pending the outcome, or they enroll in the ignition interlock program and satisfy all of the program requirements. However, if the person’s driver’s license was canceled inimical to public safety, for example receiving their third DWI within 10 years, they are prohibited from any use of alcohol for 3 years even when they are not driving.

Petition for Judicial Review

A person that was arrested for DWI and had their driver’s license revoked can file what is known as a Petition for Judicial Review to challenge having their driver’s license revoked. Under Minn. Stat. 169A.53, Subd. 2, the Petition for Judicial Review must be served and filed within 60 days following receipt of a notice and order of revocation or disqualification pursuant to section 169A.52 (revocation of license for test failure or refusal). When a person is challenging the revocation of their driver’s license, they are usually challenging the stop (being pulled over) or the expansion of the scope of the stop (the investigation as to whether the person is driving under the influence. If the person was unlawfully pulled over or unlawfully investigated for suspicion of driving under the influence, then the evidence that was obtained must be suppressed, and the person is able to keep their driver’s license.

Call the lawyers of RAM Law PLLC if you would like to challenge the revocation of your driver’s license.

Vehicle Forfeiture

In certain circumstances, the State of Minnesota can legally take your vehicle from in a process known as a forfeiture. For a seized vehicle to qualify for forfeiture, it must have been used in conduct resulting in a designated license revocation, or in the commission of a designated offense. Under Minnesota Statute 169A.20, a DWI designated offense is committed by either (1) the person is convicted of 1st Degree felony DWI under Minn. Stat. 169A.24, a DWI within 10 years of three or more priors; or (2) 2nd Degree gross misdemeanor DWI under Minn. Stat. 169A.25, a DWI within 10 years of two or more priors.

Call the lawyers at RAM Law PLLC at (651) 468-2108 if the government is trying to forfeit your vehicle from you in Minnesota.

DWI Affirmative Defenses

In Minnesota, there are two affirmative defenses to DWI or DUI. An affirmative defense is a defense in which the defendant introduces evidence that negates criminal liability. The first affirmative defense to DWI or DUI is that the impairment occurred after the driving ceased. Minn. Stat. 169A.46, Subd. 1. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving while impaired, alcohol concentration within two hours of driving), or 169A.20 by a person having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense, that the defendant consumed a sufficient quantity of alcohol after the time of the violation and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed the level specified in the applicable clause. Evidence that the defendant consumed alcohol after the time of the violation may not be admitted in defense to any alleged violation of section 169A.20, unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter.

The second affirmative defense to DWI or DUI is impairment from a prescription drug or medication. Minn. Stat. 169A.46, Subd. 2. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause (7) (presence of Schedule I or II controlled substance), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.

Call (651) 468-2108 to discuss any possible defenses to DWI during a free consultation with the lawyers at RAM Law PLLC.