DWI, driving while intoxicated, and DUI, driving under the influence, are serious charges.  If not handled properly, these charges can affect your future.  They can result in substantial fines, significant increases in insurance premiums, loss of your driver’s license, affect future employment and, in some cases, result in serving time in jail.

If you have been charged with DWI or DUI, it is important not to hesitate to consult an lawyer or attorney in Rochester MN who understands the process that must be followed in DWI and DUI cases. The skilled attorneys at Patterson Dahlberg are experienced in handling these charges and will carefully assess your case.  Our goal is to defend you and see that your rights are protected throughout the entire legal process.

To help you understand more about what can be involved in being charged with DWI or DUI, we have included answers to the following frequently asked questions:

How intoxicated does someone have to be before they can be convicted of driving under the influence?
In Minnesota, any blood alcohol level of .08 or higher will subject you to conviction. However, your driving skills are affected from the first drink of alcohol. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.

How many drinks can I have before being over .08?
It is not the number of drinks alone that determines how high your blood alcohol levels are. Wine, beer, mixed drinks and hard liquor have different percentages of alcohol so it’s more important to focus on how much total alcohol you have consumed over a certain period of time. Additionally, your impairment and your blood alcohol levels are influenced by gender, age, weight, amount and type of food you have eaten, medications, and other factors.

The Minnesota Institute of Public Health publishes tables to help you estimate your blood alcohol content based upon several variables. click here

Do I have to take a blood, breath, or urine test if asked to do so by the police?
The answer is almost always “yes” because refusing to do so is considered a Gross Misdemeanor in Minnesota. If you refuse to take a test when you are stopped, your license may be revoked for at least a year.

I tested under the legal limit and I’m still charged with DWI, is that legal?
The answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if the alleged improper driving conduct establishes that the driver is “under the influence” of alcohol.

What are the legal and financial consequences of getting a DWI conviction?

THE FIRST DWI OFFENSE
If your blood alcohol reading on your first DWI offense was less than .20%, it is usually a Misdemeanor punishable by a maximum fine of $1,000 and jail time of a maximum of ninety days, or both. You will likely lose your license to drive for at least 90 days and the court may order you to attend an alcohol treatment program or at a minimum, a seminar or class on how alcohol affects your body and your ability to drive.

The first offense may become a Gross Misdemeanor (punishable by a maximum fine of $3,000 and a maximum jail time of a year, or both) under certain circumstances, which include having a child in the car or having a blood alcohol content of over .20 percent.

THE SECOND OFFENSE
The second offense in ten years is a Gross Misdemeanor with a maximum penalty of $3,000 and a year in jail, or both. At a minimum, you will have to spend 30 days in jail or eight hours community work service for each day less than 30 days that you are ordered to serve in jail. The police will probably take your plates and perhaps even your car.

THE THIRD OFFENSE
If you have been driving while impaired within ten years of two prior DWI offenses, you will either have: 1) a minimum of 90 days in jail, at least 30 days of which must be served consecutively in a local correctional facility or 2) a program of intensive probation which will include serving at least six days consecutively in a local jail. The police will likely take your car and you will need a lawyer’s help to deal with the financial consequences of the seizure. Additionally, after a third DWI within your lifetime, the state of Minnesota will likely cancel your driver’s license as inimical to public safety.

THE FOURTH OFFENSE
If you have been driving while impaired within ten years of three prior offenses, you are guilty of a Felony. Current laws require that you are sentenced to prison for at least three years and given a fine of not less than $14,000.00. If the judge decides to reduce the three-year term, there is still a mandatory minimum sentence of 180 days of incarceration, at least 30 days of which must be served consecutively.

How long will I lose my driver’s License?
The length of revocation or cancellation of your driver’s license depends on many factors including your blood alcohol concentration, whether or not you took the test, the number of prior offenses, your age, and the length of time between offenses. Typically, if it is your first offense and your blood alcohol concentration was under .20, your license will be revoked for 90 days. Call us for further information about your case.

When can I get a work permit (limited license)?
Again, a person’s eligibility for a work permit (limited license) depends upon numerous factors including, but not limited to, blood alcohol concentration, number of prior offenses, and whether or not you took the test. Typically, if it is your first offense and your blood alcohol concentration is under .20 then you can apply for a work permit 15 days after the expiration of your temporary license (22 days from the date of your arrest). Call us for more information about your case.

To learn more about the benefits of legal representation in cases of DWI or DUI, contact Patterson Dahlberg. It is important to have an advocate working to protect your rights. There is no charge for your initial consultation to explain how we can help you work through some of life’s most challenging circumstances.

Resource Links
Department of Public Safety website
   www.mndriveinfo.org
Minnesota State Court System
   www.courts.state.mn.us
Minnesota Department of Corrections
   www.corr.state.mn.us
Minnesota Bureau of Criminal Apprehension
   www.dps.state.mn.us
State Court Structure
   www.ncsconline.org

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