MINNESOTA LAW BLOG

When you’re going out on the town or celebrating a milestone, like your anniversary, it’s not uncommon to lose track of the amount of alcohol you may have consumed. Most of us have no intention of drinking and driving but, as any DUI Minnesota lawyer can tell you, getting pulled over and possibly arrested for a DUI is not uncommon – even for law abiding citizens.

Let’s focus on what your rights are and what you should (and should not) do if you are pulled over.

What Constitutes Probable Cause?

Unless there’s an actual witness to alleged felonious behavior, establishing “probable cause” can be complicated. In a case of driving while intoxicated (DWI/DUI), police may stop a driver by citing standard traffic violations such as

• Speeding
• Broken tail lights
• Failure to use your turn signal
• Erratic behavior
• Expired license plates/inspection tag
• Loud muffler
• Failure to obey traffic signals

These are all common reasons for a driver to be pulled over.

Your Rights if Suspected of Drinking While Driving

After approaching your car, the police officer must have a reason to believe that you are intoxicated. If he/she sees beer cans on the floor boards, smells alcohol or you are acting strangely, then these observations qualify as probable cause for citing and arresting you for a DUI.

While the officer may request that you take a field sobriety test or submit to a breathalyzer, it is within your rights to refuse. This doesn’t necessarily let you off the hook. If you are brought into the police station, you cannot refuse a chemical test once you’re in police custody.

By the time you’ve reached the station, the alcohol in your system may have metabolized. If you pass the chemical test, they have to let you go. If not, you will be charged with a DUI. That’s when you’ll want to call a Minneapolis DUI lawyer.

Keeping Out of Trouble if Stopped or Arrested

You have the absolute right to remain silent. Do not take this right lightly. Even casual conversation can lead to a line of questioning that you may feel compelled to answer. Everything you say can be used against you. Remember, officers are trained to watch and wait. Many people are uncomfortable with long silences and blurt out something that may incriminate them such as “I only had a few beers.”

You have the right to refuse a search of your car. If the arresting officer asks, it’s generally because he/she knows that they don’t have the right to search and need your consent. If you are ordered to hand over your keys, state that they do not have your permission to search.

Finally, the best advice we can offer is remember to be polite, respectful and composed; and ask to speak to an attorney. That’s all you need to say.

While no one plans on drinking and driving or being arrested for a DUI, be prepared to hire the best DUI attorney in town. The following frequently asked questions (FAQs) explain why.

What Costs Are Involved with a DUI?

Being arrested for a DUI is a costly proposition. First, your driver’s license is suspended which costs $690 to reinstate. Then there are the alcohol awareness classes you must attend; costs range from $250 – $400 depending on the terms of your probation. Finally, you are fined $1,000, if you’re a first-time offender; $3,000, if you’re a second or third time offender; and a whopping $14,000 fine if this is your fourth DUI.

Your car insurance policy rates can go up after receiving a third DUI offense, and you may even lose your car insurance entirely.

Will I Go To Jail?

If this is your first DUI, jail time may be avoided or a judge could sentence you for up to 90 days in jail. An experienced DUI attorney can often make the difference between jail time and probation. If this is your second or third offense, jail time can be up to one year.

If this is your fourth DUI, the criminal justice system exacts a more severe penalty. You may spend up to seven (7) years in jail, so we suggest that hire yourself the best DUI attorney money can buy.

How Long Does a DUI Stay on My Record?

Charges, arrests, court dates, misdemeanor and felony convictions will stay on your record until they are “expunged,” which means to have them removed from public record. This requires a petition to the state and/or jurisdiction in which the crime was prosecuted. Each state has different laws and processes for expunging criminal records. Misdemeanors and petty offenses are relatively easy to get expunged from one’s records. A felony DUI (fourth offense within 10 years) is much harder.

Factors for expunging records include:

• Time period between incident and expungement request
• No current criminal investigations or incidents
• Number of priors
• No convictions during waiting period
• Completed probation from conviction completed free of new criminal incidents
• Completed terms of the sentence and/or served time.

All of these requirements factor into the acceptance or denial of an “expungement” petition. Basically, the court system wants you to demonstrate that you are fully rehabilitated.

Many seek the help of a DUI lawyer to take care of the formal paperwork and proceedings. If you find yourself in the above situation, find a lawyer you can trust who specialized in trying DUI cases.

An Intoxilizer is the brand name of the “breathalyzer” machine used in most police departments. Although it has come under scrutiny recently, and Minneapolis DUI lawyers are challenging convictions based solely on breath results, you still may need a DUI lawyer if pulled over for suspicion of driving under the influence.

Operating a motor vehicle while under the influence of alcohol or drugs, even some prescription drugs, is a crime in every state. Drunk driving laws call the crime DUI (driving under the influence) in most states, and DWI (driving while intoxicated) in others.

The Intoxilizer is a breath analysis device, which shows the estimated blood alcohol content in the body based on the chemical analysis of a breath sample. And breath tests are central to DUI cases.

Problems with Intoxilizer Results

Breath analyzers do not directly measure blood alcohol content (BAC) or concentration, which requires the analysis of a blood sample. Instead, they estimate BAC indirectly by measuring the amount of alcohol in one’s breath. Two breathalyzer technologies are most prevalent: desktop analyzers and hand-held field testing devices.

The problems with breath analyzers are numerous.

• Breath testers can be very sensitive to temperature and may give false readings if not adjusted or recalibrated to account for ambient or surrounding air temperatures.
• Breathing patterns such as with hyperventilation or vigorous exercise can significantly affect breath test results.
• Some breath analysis machines that measure the cell volume of blood do not account for wide ranges in value for men vs. women. A person with lower blood volume may have a high false BAC reading.
• Research indicates that breath tests can vary at least 15% from actual blood alcohol concentration.

Challenges to Breathalyzer Use in DUI Cases

The most frequent challenges to breathalyzer evidence is whether or not the testing device was working properly at the time of the test. Breathalyzers require regular calibration and maintenance to ensure that they deliver results accurately. An improperly calibrated or poorly maintained machine will produce unreliable results which then cannot be the sole evidence for a DUI arrest.

If a defendant can show that the police department did not follow proper calibration procedures, or that the device in question consistently provided wrong readings, then a court will likely declare the results of the breathalyzer test inadmissible as evidence of the defendant’s intoxication. At that point, the responsibility will shift back to the government to prove the defendant’s intoxication through some other type of evidence.

It Pays to Question DUI “Evidence”

DUI charges come with severe penalties in Minnesota. In addition to lengthy license revocations, penalties range from misdemeanor fines to a felony conviction and jail time. If your driver’s license is revoked in Minnesota, you’re required to pay a $690 reinstatement fee. This is in addition to a DUI knowledge test, driver’s license application and fees and a chemical assessment.

The use of the Intoxilyzer machine is under nationwide attack*. In Minnesota, there are thousands of test results being challenged by competent DUI lawyers. If you believe that your Intoxilyzer results were flawed then speak with a qualified DUI attorney who can help defend your rights.

DUI charges come with severe penalties in Minnesota. In addition to lengthy license revocations, penalties range from misdemeanor fines to a felony conviction and jail time. Costs associated with a DUI go well beyond the fees of a DUI lawyer Minneapolis.

Driver’s License Reinstatement

Fines related to your license being revoked depend on whether this is your first conviction or second DUI. These fees are nothing compared to the long-term costs associated with being convicted of a third or fourth offense. If that should happen, your license is cancelled indefinitely and/or you could go to jail for up to seven years.

If your driver’s license is revoked in Minnesota, you’re required to pay a $690 reinstatement fee plus a $24 license application fee for either a first or second conviction.

Alcohol Awareness Classes

Your history of DUI/DWI arrests, circumstances of current arrest such as your blood alcohol content (BAC) and your score when you completed a chemical health evaluation determine how many hours you are required to attend classes as part of your probation requirements. Costs range from $250 – $400 for a 12-hour program and a 24-hour program, respectively.

Online DUI Classes

The Internet has made it especially easy for you to comply with the needs of the court and legal system. Online alcohol awareness classes can be taken on any computer and are available 24 hours a day, 7 days a week.

As with on-site DUI classes, the price for online courses varies depending on the number of hours required to satisfy your probation. Online classes are a little less expensive, ranging from $195 – $325, and you receive a certificate of completion.

Legal Fees

Because every case is different, a reputable attorney will not charge you for the initial consultation. During the consultation, the lawyer will learn all the facts and circumstances involved in your particular case. Most reputable criminal defense lawyers charge a “flat” fee, which ensures representation throughout the trial, regardless of the number of hours the lawyer works on the case or whether the case is dismissed or resolved through plea negotiations.

For more serious cases such as a fourth drunk driving conviction where jail time is likely, the higher the cost will be to defend you. For lower level crimes such as first offenses where probation or fines are likely, the price is less.

Like in all industries, when it comes to legal representation, you get what you pay for.

On almost every police procedural TV show, we see suspects doing the exact opposite of what a good Minneapolis criminal lawyer would advise. But, I guess that’s why these shows are called “dramas.” We want to help you avoid any unnecessary drama, if possible, should you be arrested. Follow these behaviors, not the ones you see on Law & Order.

#1 – Do remain calm.

#2 – Do not resist arrest. Minnesota law does not allow the right to resist an arrest, even if you believe it to be an illegal one.

#3 – Do not make any statements to the police. Anything you say can and will be used against you in court. Your actions, if arrested, should be simply to say: “I would like to speak with my attorney.” This is your legal right, and the only thing you should say.

#4 – Do not lie. You are under no obligation to speak to law enforcement authorities. However, if you choose to speak to them, you are obligated to speak truthfully. If it can later be shown that you provided false information, you could be charged with making false statements or aiding an offender to escape arrest or prosecution.

#5 – Do not give permission to search anywhere. If the arresting officer asks, it’s generally because he/she knows that they don’t have the right to search and need your consent. If you are ordered to hand over your keys, state that they do not have your permission to search.

#6 – Do not believe what the police tell you in order to get you to talk. The law permits them to lie to a suspect in order to get you to make admissions.

#7 – Do call your lawyer. You do have the right to make a local phone call and the police cannot listen if you call a lawyer.

#8 – Do not invite the police into your home nor should you “step outside.” If the police believe you’ve committed a felony, they usually need an arrest warrant to go into your home to arrest you. If they ask you to step outside, they no longer need a warrant. Simply state that you’re comfortable talking right where you are.

#9 – Do not accept an offer by police to let you go inside if you are arrested outside. When the police escort you inside, they’ll likely conduct a search without a warrant. Decline offers to secure your car safely for the same reason.

#10 – Do have cash on hand to make bail. If you don’t and you are arrested on a Friday night, you’re in for a long week end in jail!

Many people are unaware that firearm owners are subject to the firearm laws of the state they are in, not their state of residence. Since Minnesota attracts out-of-state hunters, it pays to know the rules, or you might end up needing a Minnesota criminal lawyer.

State vs. Federal Laws Create Confusion

Gun laws regulate the sale, possession, and use of firearms and ammunition in the U.S. Up until a year ago, these laws varied from state to state, and were independent of existing federal firearms laws. But, in June, 2010, the Supreme Court ruled 5-4 that the Second Amendment gives people an individual right to bear arms and that this ruling applies to all 50 states.

The overwhelming view in the legal world had been that the Second Amendment only protected a state’s right to maintain a “well-regulated militia.”

The court emphasized that it was not casting doubt on many kinds of gun regulations, but this ruling leaves many states contemplating a “gray” area open to interpretation.

Fortunately, this ruling does not affect Minnesotans as the Bureau of Criminal Apprehension outlines clearly the statutes relating to your right to purchase and carry a handgun.

Permits to Purchase Handguns

While Minnesota laws are less stringent than 45 other states, it’s wise to be familiar with the requirments of owning or carrying a gun in the state. A permit to purchase a gun does not give you the right to carry a gun which may only be obtained through the State of Minnesota Dept. of Public Safety.

Applicants for permits to purchase handguns must apply in person to the police department in the city in which they live and present a valid Minnesota driver’s license or identification card with their current address. If there is no police department, they must apply to the sheriff’s office in the county in which they reside.

Permits to Carry Handguns

The Minnesota Personal Protection Act (Conceal and Carry) went into effect in 2003. The County Sheriff’s Office is now responsible for issuing all permits in the county in which you reside. Following are requirements and restrictrions:

Requirements

• The county sheriff must either issue or deny a permit within 30 days of the application date.
• New and renewal permits are valid for five (5) years from the date of issuance. Emergency permits are valid for 30 days.
• Landlords may not restrict the lawful carry or possession of firearms by tenants or their guests.
• Private establishments can ban any firearms and must post a notice banning guns on their premises or personally notify patrons that guns are not allowed.

Restrictions

• Must be at least 21 years of age
• Must complete an application form
• Must not be prohibited from possessing a firearm under Minnesota Statute covering criminal background & mental health history check
• Must not be listed in the criminal gang investigation system
• Must be a resident of the county to which one is applying for a permit, if you reside in Minnesota. Non-residents may apply to any Minnesota county sheriff.
• Must present evidence of training in the safe use of a pistol. (Training completed within one year of an original or renewal application.

There are a number of places that prohibit you from concealing or carrying a gun such as K-12 school property. Please visit the Minnesota Dept. of Public Safety website for more detailed information.

It seems contradictory to consider, in advance, the qualifications of a criminal lawyer in Minneaopolis, because most of us don’t anticipate needing a criminal lawyer. But, should you be arrested, it’s wise to know what you should look for when hiring a lawyer before you become a number in the labyrinth known as the U.S. legal system.

Circumstances Warranting a Criminal Lawyer

If you are accused of committing a crime or charged with drunk driving (aka DUI), then you will benefit from hiring a lawyer immediately. You should contact a lawyer especially if there are witnesses to interview and/or evidence to gather. Before you come before a judge, a good lawyer will know how to present your case in the best light and may argue that charges be dropped or that a reduced charge may be more appropriate, e.g. changing a plea from a first degree felony to a misdemeanor.

Finding the Best Lawyer for Your Situation

Finding the best lawyer for your legal situation is similar to making any other major financial decision. You need to shop around, or ask someone you know, who found himself in similar circumstances, for a recommendation.

Secondly, you’ll want to find a lawyer who specializes in the area in which you need assistance such as a DUI defense lawyer. If you’ve committed a State or Federal crime, choose a lawyer with expertise at those levels. Laws governing state crimes, such as fraud or harrassment, versus federal crimes, such as drug trafficking, are very different. You’ll want to choose a criminal defense lawyer with insight in these areas who can defend you properly in court.

Other Considerations

When faced with serious criminal allegations, you don’t necessarily want to make your choice solely on cost. As with hiring any qualified service professional, buy the best that you can afford. At this stage, experience and results are what matters.

Prepare for your phone or in-person consultation with the following questions written down.

• How much experience do you have with legal issues similar to mine?
• How recently have you handled a case like mine
• How was it resolved? (Went to trial, settled out of court, etc.)
• What was the result? (Did you win the case? Did you lose?)

Write down all the information the lawyer provides. Review your notes and take time to compare the responses you received from the several lawyers on your list. When you feel confident that you’ve gathered all the pertinent information, then the lawyer who understands your situtation the best should rise to the top of your list.

Know Your Limits Before You Drink & Drive

It’s illegal to drive with a blood alcohol content (BAC) of .08 and higher in all states, but each state has different penalties for DUI offenders. When a slight increase in your BAC (.01) can make a big difference in your life and livelihood, it’s best to know the penalties and your limits before you need a DUI lawyer in Minnesota. CONTINUE READING