DUI & DWI
DWI & DUI Lawyer Minneapolis
Minnesota has one of the nation’s worst drunk driving rates. Approximately 40,000 DWI and DUI arrests are made in Minnesota each year, according to the Department of Public Safety. Over 470,000 Minnesotans – or about 1 out of every 8 licensed drivers – have been arrested for DWI or DUI. If you are charged with a DWI it is important to seek counsel from a qualified Minneapolis DUI lawyer as soon as possible. Call Paul Edlund at 612-338-2829 for a consultation today.
Drunk driving involves the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. The severity of a DWI in Minnesota depends upon whether one or more aggravating factors are present at the time of the offense. These include previous impaired driving incidents within the ten years immediately preceding the current offense; having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time, of the offense; or having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender. DWI and DUI laws apply not only to automobiles, but to recreational vehicles, such as an ATV, boat or snowmobile, and piloting an airplane.
Minnesota DWI statutes contain four major categories of drunk driving crimes. If you are facing charges in any one of these categories then contact a Minnesota DWI lawyer you can trust.
First Degree Felony DWI
A drunk driver is guilty of first-degree DWI if they commit a DWI violation within ten years of the first three or more drunk driving incidents, or have been previously convicted of felony DWI in Minnesota.
Second Degree Gross Misdemeanor DWI
A drunk driver is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed.
Third Degree Misdemeanor DWI
A drunk driver is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed.
Fourth Degree Misdemeanor DWI
It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within the state of Minnesota:
- When the person is under the influence of alcohol;
- When the person is under the influence of a controlled substance;
- When the person is knowingly under the influence of a
hazardous substance that affects the nervous system, brain, or muscles
of the person so as to substantially impair the person’s ability to
drive or operate the motor vehicle;
- When the person’s alcohol concentration at the time, or as
measured within two hours of the time, of driving, operating, or being
in physical control of the motor vehicle is 0.08 or more;
- when the vehicle is a commercial motor vehicle and the
person’s alcohol concentration at the time, or as measured within two
hours of the time, of driving, operating, or being in physical control
of the commercial motor vehicle is 0.04 or more; or
- When the person’s body contains any amount of a controlled
substance listed in schedule I or II, or its metabolite, other than
marijuana or tetrahydrocannabinols. It is also a crime to refuse to
submit to a breath test.
In Minnesota, drivers do not need to be in motion to get a DWI or DUI. Drivers need only be in physical control of the vehicle. This could include being parked at the side of the road, even if the ignition is off.
The consequences of a DWI or DUI conviction can vary depending on the circumstances and the jurisdiction. In Minnesota the maximum punishment for a first time DWI is 90 days in jail, and a $1,000 fine. While there is no required minimum amount jail time, there are some mandatory penalties for a first time DWI including a mandatory minimum fine of $300, a mandatory chemical dependency assessment, a loss of driving privileges, and payment of reinstatement penalties. DWI or DUI convictions can results in the loss of a driver’s license plates. A second DWI or DUI can results in the forfeiture of the driver’s vehicle.
DWI or DUI charges can lead to jail time. Retaining a DUI lawyer Minnesota can help minimize consequences and make sure your rights are properly protected. With your future at stake, contact the knowledgeable Minneapolis criminal lawyer Paul Edlund as soon as possible. Serving Minneapolis, St. Paul, the Greater Twin Cities Metro and beyond, Mr. Edlund is a reputable criminal defense attorney with an exceptional rate of success. The earlier a Minneapolis DUI attorney is involved with your case, the better they will be able to defend you: Contact Paul Edlund today for a consultation!