» Minnesota DWI

Yes! A second DWI offense within a ten year period is subject to a 30 day minimum sentence. Under the DWI sentencing law at least 48 hours of the 30 day sentence must be served in custody (i.e. jail).  The remaining 28 days of the mandatory minimum sentence may be served under an electronic home monitoring program.

A third DWI offense within a ten year period is subject to a 90 day minimum sentence. At least 30 days of the 90 day sentence must be served in custody; the remaining 60 days may be served under an electronic home monitoring program.

A fourth DWI offense within a ten year period is a felony-level offense. A felony sentence of three years in prison must be imposed, but execution of the full sentence may be stayed (i.e. not served) at a judge’s discretion. If a prison sentence is stayed, a judge must order the offender to serve at least 180 days. At least 30 of the 180 days must be served in custody; the remaining 150 days may be served under an electronic home monitoring program.

Maybe. A first-time DWI offender, with a low test reading (.15 or less), is eligible for a work permit after 15 days of revocation. A work permit allows a driver to drive between home and work/school during specific times of day.

If you’re not eligible for a work-permit you still have options for driving after a DWI license revocation. Drivers not eligible for a work permit may drive under a limited license with an ignition interlock device.

Those under the legal drinking age of 21 are still subject to Minnesota DWI laws. In addition, a “not-a-drop” drinking and driving law applies to those under 21. This law punishes underage drivers who had any amount of alcohol in their system while driving a motor vehicle. A conviction for a not-a-drop underage drinking and driving offense results in a 30 day license suspension for a first-time offense.

Extra administrative penalties apply for 16 and 17 year old drivers convicted of DWI. This is known as Vanessa’s law. A 16 or 17 year-old convicted of DWI will not be eligible for a driver's license until they turn 18. They will be required to repeat driver’s education and to drive with an instructor’s permit for three months after having their license reinstated.

Minnesota DWI forfeiture penalties are harsh and broad. Just a second DWI in a ten year period can result in the forfeiture of a vehicle. Worse, you don't have to be the driver to have your own car forfeited — you can simply have loaned your car to someone who committed a forfeitable DWI offense.

Under Minnesota law vehicles can be forfeited under the following circumstances:

• A first or second-degree DWI offense
• A DWI offense committed by someone whose driver’s license has been cancelled as inimical to public safety and not reinstated
• A DWI offense committed by a B-card holder

There are defenses to DWI forfeitures. The laws are relating to forfeiture are complicated. If your vehicle has been seized by the police following a DWI offense, contact the Balmer Law Office for a free consultation.

Simply put, a B-card is a restricted driver's license requiring the license holder completely abstain from alcohol or drugs. A B-card license is issued to a rehabilitated driver who previously had their license cancelled (not revoked) as inimical to (that is, a danger to) public safety. A violation of the no-use conditions results in an immediate cancellation of the driver's license as well as criminal penalties.

A felony DWI carries a sentence of at least one year and a day. You can be charged with a felony DWI in Minnesota under two separate circumstances:

1. The current offense is your fourth DWI (or other impaired driving offenses) within a rolling 10 year period of three prior offenses, or
2. You have previously been convicted of a felony DWI (at any time in your life).

The maximum sentence for a felony DWI is seven years in prison and a $14,000 fine. Anyone charged with a felony DWI offense absolutely needs to the assistance of an experienced Minnesota DWI attorney.

Unfortunately there is no right to speak with an attorney before deciding whether to take roadside field sobriety tests. Under Minnesota law, you are under no obligation to take these tests. Simply politely decline to perform the roadside tests. The purpose of these tests is to support the officer’s decision to arrest you. You should not assist the officer in building a case against you.

You DO, however, have a right to speak with an attorney prior to taking the Implied Consent test at the police station or hospital. You must make a clear request to speak with an attorney. Police are required to provide you with a phone, but are not required to give you a private space or room to call an attorney. Additionally, you do have a right to call a non-attorney friend or relative for the purpose of obtaining an attorney’s phone number. Lastly, because alcohol metabolizes and dissipates in the body over time, the right to speak with an attorney is limited to a “reasonable” time.

A DWI arrest gives way to at least two separate court proceedings — a criminal proceeding and a civil proceeding. Everyone knows about the criminal proceeding, but the civil proceeding can come as a surprise to many people. The civil proceeding relates to the status of your driver's license; it is commonly called an Implied Consent hearing. In some circumstances an additional civil proceeding may be initiated if the State seeks to seize and forfeit your vehicle. The Balmer Law Office defends and represents clients in all forms of DWI proceedings.

For both criminal and civil proceedings there are many issues that can result in a case being dismissed. A sample of these issues are as follows:

• was the defendant either driving, operating, or in physical control of a motor vehicle?
• was the officer’s stop supported by a reasonable articulable suspicion?
• was the stop lawfully expanded? (e.g. if you were originally pulled over for speeding, did the officer have a separate, reasonable articulable suspicion that you were impaired?)
• was the arrest supported by probable cause based on a totality of the circumstances?
• was the implied consent advisory properly administered?
• was the defendant’s right to counsel violated (i.e. was the defendant given adequate time to consult with a lawyer prior to implied consent testing)?
• were testing procedures and protocol properly followed?
• if implied consent testing was refused, was it reasonable? or was it an actual refusal?
• was the defendant in custody at the time of his or her unwarned (pre-Miranda) statements?

A competent Minnesota DWI attorney can challenge these issues in a pretrial hearing. A favorable ruling often results in a dismissal of the charges. If the facts of your case are not sufficient to win a favorable issue in a pre-trial hearing, often a borderline issue can be used as a bargaining chip with prosecutors — either for a reduced charge or reduced sentence / fine.