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Minneapolis Attorneys Providing A 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, you deserve an advocate who will fight to protect your rights.

At Jarvis-Fleming Law Ltd., we recognize that an impaired driving charge can happen to anyone. Our dedicated Minnesota criminal defense team understands the intricate nuances of state blood-alcohol thresholds, machine calibration errors and shifting administrative rules. We build custom defense strategies designed to minimize your exposure and keep your life on track.

The High Cost of a Minnesota DWI/DUI Conviction

Minnesota enforces strict impaired driving laws, and the state’s recently expanded lookup windows mean past mistakes can impact your future for decades. If you are convicted of a DWI in the Twin Cities, you face severe criminal and administrative penalties, including:

Jail time or prison: Sentences range from a maximum of 90 days for a basic first-time misdemeanor up to seven years in state prison for a felony-level offense.
Hefty financial penalties: Fines start at $1,000 for standard misdemeanors and scale dramatically up to $14,000 for complex felony charges.
Driver’s license revocation: Your driving privileges can be suspended immediately upon arrest, lasting anywhere from 90 days to several years depending on your case history.
Mandatory ignition interlock: To get back on the road legally, you may be required to pay for and install a breath-testing device directly into your vehicle’s ignition system.
Vehicle forfeiture and plate impoundment: For high-degree or repeat offenses, the state has the statutory authority to seize your vehicle permanently and strip your license plates.

The severity of your charges depends on aggravating factors, such as having a child in the car, having a prior DWI or registering a blood-alcohol concentration (BAC) of 0.16% or higher. Because penalties can escalate quickly, you need a defense strategy that targets the specific details of your arrest.

Critical Steps To Take After A Twin Cities DWI/DUI Arrest

The hours and days immediately following an arrest for a DWI/DUI are critical for shaping your defense. Taking precise, proactive steps can significantly alter the trajectory of your case.

Remain Calm And Polite

Follow basic officer instructions and provide identification. Avoid arguing, as bodycam footage is heavily relied upon by prosecutors to demonstrate “impairment” to a jury.

Invoke Your Right To Silence

You are not required to answer incriminating questions about where you were going, where you were drinking or how much alcohol you consumed. Politely state that you wish to remain silent.

Know Which Tests Are Mandatory

Roadside field sobriety tests and handheld breathalyzers are completely voluntary in Minnesota. However, once you are arrested and taken to the station, refusing the official evidentiary chemical test is a separate gross misdemeanor crime that triggers automatic license suspension.

Demand To Speak To An Attorney

Under Minnesota law, you have a limited constitutional right to consult with a defense lawyer before deciding whether to submit to the post-arrest evidentiary chemical test. Use this window to contact us immediately.

Challenge Your License Suspension

Your license revocation begins almost immediately as an administrative penalty separate from criminal court. We must file a formal petition for a judicial review hearing within 30 days of your arrest notice, or you forfeit your right to contest the suspension.

Crimmigration: The High Stakes For Immigrants

For noncitizens living in Minnesota – whether you hold a green card, a work visa or are undocumented – a DWI/DUI arrest is a direct threat to your residency. Federal immigration authorities view certain alcohol and drug-related offenses through an entirely different lens than state courts.

Because we specialize in the intersection of criminal law and immigration (“crimmigration”), we look at your case through a dual lens. A standard plea deal that looks favorable to a citizen could accidentally trigger automatic deportation or bar you from future naturalization. We actively negotiate with Minnesota prosecutors to structure defenses, reductions or dismissals specifically designed to shield your immigration status from federal disruption.

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.

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

Yes. Roadside balance exercises, eye tracking tests and preliminary handheld breath tests (PBTs) are strictly voluntary. You cannot be charged with a crime for politely declining them at the side of the road. However, formal chemical breath, blood or urine tests at the station are required under the state’s Implied Consent Law after a lawful arrest.

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

However, the state uses a 10-year “lookback period” for criminal enhancements. If you are charged with a new DWI within 10 years of a prior conviction or license revocation, your charges will automatically be elevated to a more severe statutory degree. Note that administrative lookback windows for license penalties can extend up to 20 years.

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 Starting Now

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 to schedule your free initial consultation today. Take the first step in developing a custom-tailored plan to protect your rights, your driver’s license, your livelihood and your clean record.