If you have been charged with DWI, please review the following information and do not hesitate to seek immediate legal counsel from an experienced DWI defense attorney.
How drunk 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: http://www.miph.org/area/ft9.html
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.
How can the police find out whether a driver is under the influence?
Police typically use three methods of determining whether a driver is impaired:
Observation. A police officer will pull you over if you are swerving, speeding, driving too slowly, or failing to stop.
Sobriety tests. If you have been pulled over and the police officer suspects you have been drinking, you will probably be asked to get out of the car and stand on one leg, walk a straight line or recite the alphabet. If you do not do well on the tests, the officer may arrest you or ask you to take chemical tests to determine your blood-alcohol level.
Blood-alcohol level. The measurement of alcohol in your blood can be taken directly by drawing a blood sample or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine.
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.
How do I get my license reinstated or get a work permit?
Generally, in order to have your license reinstated, or to get a limited license, you must follow the requirements established by the Department of Public Safety. If it is your first offense, you must: (1) pay the reinstatement fee of $680.00, (2) make an application for a new license, and (3) take a written test on chapters 7 and 8 of the Minnesota Driver’s Manual. Click here to see the driver’s manual: http://www.dps.state.mn.us/dvs/DLTraining/DLManual/ManualLangChoice.htm
Should I hire an attorney?
If convicted of DWI/DUI, you could face fines, penalties, jail time, and more. Because of these harsh results, you would be making a serious mistake if you took your DUI / DWI lightly! Get the legal help you need from an experienced Minnesota DWI / DUIattorney. Call Osborn Law Office TODAY. 612.722.8888 or email. firstname.lastname@example.org
Get answers to these important questions TODAY:
• Were your constitutional rights violated?
• Did the officer have a reasonable basis to stop your vehicle or probable cause to seek an alcohol test or to make an arrest?
• Was the roadside field sobriety testing properly administered?
• Did the officer follow necessary arrest procedures relating to current DWI and DUI laws?
• Were you denied your right to counsel or a second independent breath, blood or urine test to determine your blood alcohol content?
• Were you read a DWI/DUI Implied Consent Advisory?
• Was your blood alcohol reading between .08 and .10?
• Was that DWI advisory recorded?
• Was the test to determine blood alcohol levels properly administered?
• Was the machinery that tested your DWI blood alcohol level properly maintained?