Strong Defense Against DWI/DUI Charges

Driving while intoxicated (DWI) or driving under the influence (DUI) charges in Minnesota carry serious consequences that can impact every aspect of your life. A conviction can cost you your job, your home and your relationships. Instead of hoping for the best while representing yourself, fight for the outcome you deserve.

At Jarvis-Fleming Law Ltd., we understand that the majority of our criminal defense work involves helping individuals like you who are facing these charges in Minneapolis and the Twin Cities area. Our Minnesota attorneys understand the laws surrounding these matters and how to build a personalized defense strategy to protect your best interests from the consequences of a conviction.

Understanding DWI/DUI Penalties

Trying to beat criminal charges on your own can be overwhelming. When a conviction can mean hefty fines, jail time, loss of driving privileges, a possible ignition interlock device in your vehicle and community service, you want to be sure you are doing everything you can to overcome your charges.

Whether your intoxication was the result of drugs or alcohol, the consequences are still severe. Minnesota courts take drugged driving just as seriously, and our lawyers can help you through your defense. We are fluent in the nuances of these cases, and we will provide you with the dedication and respect you deserve as we represent you.

Steps to Take After a DUI/DWI Arrest

Being arrested for a DWI/DUI can be a daunting and overwhelming experience. However, taking the right steps immediately following your arrest can make a significant difference in the outcome of your case. Here’s what you should do:

1. Stay Calm and Compliant: First and foremost, remain calm and follow the instructions of law enforcement officers. Resisting arrest or acting aggressively can complicate your situation. Politely provide the necessary information but remember that you have the right to remain silent beyond basic identification details.
2. Contact an Attorney Immediately: One of the most crucial steps you can take is to contact an experienced DWI/DUI attorney as soon as possible. At Jarvis-Fleming Law Ltd., we are ready to provide you with the guidance and representation you need. Do not discuss your case with anyone other than your lawyer to avoid inadvertently harming your defense.
3. Document the Incident: As soon as you are able, write down everything you remember about the arrest. Include details such as the reason given for the traffic stop, the behavior and statements of the officers, any field sobriety tests conducted, and the timeline of events. This information can be invaluable for your defense.
4. Understand Your Rights: Familiarize yourself with your legal rights during the DWI/DUI process. You have the right to refuse certain tests, but doing so can result in automatic penalties. Your attorney can help you understand the implications of these decisions and how to proceed.
5. Request an Administrative Hearing: In Minnesota, you have a limited time to request an administrative hearing to challenge the suspension of your driver’s license. This is separate from your criminal court case. Acting quickly to request this hearing can help you retain your driving privileges while your case is pending.
6. Avoid Discussing Your Case Publicly: Do not discuss your arrest or case details on social media or with friends and family. Anything you say can potentially be used against you in court. Keep all discussions about your case between you and your attorney.
7. Follow All Court Orders and Attend All Hearings: It is essential to comply with all court orders and attend all scheduled hearings. Missing a court date can result in additional penalties and complicate your case. Your attorney will help you keep track of important dates and requirements.
8. Consider Counseling or Treatment Programs: Voluntarily enrolling in a counseling or treatment program for alcohol or substance abuse can show the court that you are taking proactive steps to address any underlying issues. This can positively impact the outcome of your case.

The High Stakes For Immigrants

These charges can also pose additional threats to immigrants. A conviction can result in deportation or impact your immigration status. We have extensive experience in crimmigration cases, and our in-depth understanding of these matters can guide you through your defense case.

Minnesota DWI/DUI Frequently Asked Questions

DUI and DWI cases are treated harshly in Minnesota. Below are common questions and answers that can help to provide clarity on issues that may impact your impaired driving case.

What is the difference between a DWI and a DUI in Minnesota?

The term DWI (Driving While Intoxicated) covers both alcohol and drug impairment. DUI (Driving Under the Influence) is a term used in other states. However, Minnesota law does not distinguish between the two. Both terms are often used interchangeably, although the state exclusively uses DWI in legal contexts.

What are the potential penalties for a DWI/DUI conviction in Minnesota?

Penalties depend on the specific details of the case, including prior convictions and aggravating factors. A first-time offense might result in up to 90 days in jail, fines approaching $1,000 and a driver’s license suspension.

Subsequent offenses, high blood alcohol content (BAC) or driving impaired with a child in the car can lead to steeper penalties, including longer jail time, higher fines and the installation of an ignition interlock device.

Can I refuse a field sobriety test or a breathalyzer test in Minnesota?

The state’s implied consent law means drivers are legally obligated to submit to a chemical test (e.g., a breathalyzer) when law enforcement suspects impairment. Refusing these tests can result in immediate administrative penalties, such as a one-year license suspension, even if you are not ultimately convicted of a DWI.

How long does a DWI/DUI stay on my record in Minnesota?

Unfortunately, a DWI conviction stays on your criminal record permanently in Minnesota. However, for the purpose of repeat offenses, a DWI will be considered relevant for 10 years and a new DWI within that period could lead to enhanced penalties. Additionally, it can impact your driving record, increase your insurance rates and affect your job prospects.

What are the steps involved in defending against a DWI/DUI charge?

Defending against a DWI charge often involves reviewing the legality of the traffic stop, administering any sobriety tests, and determining whether the arresting officer followed proper procedures. If any part of the arrest process was flawed, it may be possible to challenge the validity of the charges. Legal defenses could include contesting the accuracy of test results or showing that the traffic stop lacked reasonable suspicion. This is best done with the help of an attorney.

Defend Your Rights And Future

If you are facing criminal charges for a DWI/DUI, now is the best time to reach out to us. Call us at 612-416-4911 or email us here to schedule your initial consultation today and take the first step in developing a custom-tailored plan to protect your future.