ARRESTED FOR A DWI/DUI OR BOATING BWI?
If you have been arrested for DWI, you were most likely given a field sobriety test, preliminary breath test or PBT, and then a breath, blood or urine test. Many people who fail these tests believe test evidence is infallible when in fact testing procedures and results can be successfully challenged in many ways. Minnesota is now using a new and different machine, the Datamaster 5000. Sentencing in a DWI case can be severe, including:
- 2nd DUI conviction – minimum 30 days in jail
- 3rd DUI conviction – minimum 90 days in jail
- 4th DUI conviction – minimum 180 days in jail
- 5th DUI conviction – minimum 1 year in jail
Conviction on a drunk driving offense can also result in fines of hundreds or thousands of dollars; driver’s license suspension; community service; and the installation of an ignition interlock device (IID) to prevent you from further drunken driving.
The laws and the penalties are always changing, and you need an attorney keeping pace with the law and how best to challenge it. At The Law Office of Jennifer Pradt, we can do that. What are YOUR priorities? Fighting the stop? The best outcome? Lower fines? The ability to keep driving?
NEW LAW LOWERING LIMIT ON DWI GOES INTO EFFECT AUGUST 1, 2015
Minnesota recently enacted law new limits on DWI alcohol concentrations. Starting August 1, 2015, it will be a GROSS MISDEMEANOR (up to one year in jail and one year loss of driver’s license) for anyone to drive with an alcohol concentration of .16 or more.
The limit was lowered from .20. This new lower limit will mean more arrests, more license revocations, and more people in jail. More than ever, you need a lawyer to fight a DWI.
DWI Laws in Minnesota: 2017
In Minnesota, a DWI, sometimes called “DUI,” is driving, operating, or being in physical control of a motor vehicle while:
- under the influence of alcohol or drugs
- knowingly under the influence of a hazardous substance that affects the body and substantially impairs driving abilities (huffing, for example)
- having a blood alcohol concentration (BAC) of .08% or greater, or
- having anyamount of a Schedule I or II drug, except marijuana, in the body (also a DWI). (Percocet, Oxycodone, or narcotics, for example)
Upon a lawful arrest for DWI, Minnesota law also makes it a crime to refuse to take a breath alcohol test. This offense is referred to as implied consent or test refusal crime. Since driving is a privilege and not a right, rules and your “implied consent” to testing come with your license.
(Minn. Stat. Ann. §§ 169A.20, 169A.51 (2016); Johnson v. Comm’r of Pub. Safety, 887 N.W.2d 281 (2016).)
WHAT CAN HAPPEN TO ME?
After being charged with a DWI, a person faces two tracks of penalties—administrative (civil) and criminal. These penalties increase when “aggravating factors” are involved. Aggravating factors include:
- a record of prior DWI offenses in the past ten years
- a BAC of .16% or more, or
- the presence of a child under the age of 16 in the vehicle.
This means it is always worth it to contest a BAC that is close to the line, close to a .08 or close to a .16. You may be more interested to fight the civil penalties and the loss of your license, or your need to use an Ignition Interlock System. Call our firm at 651-235-6280.
Call 651-235-6280 for a consultation on your DWI.