In the state of Minnesota, you have the right to challenge your DWI. If you feel that you have been wrongly accused of DWI, you need to call a Minneapolis DWI lawyer as soon as you are charged or suspected. Let the officer know that you would like to speak to an attorney. Then, let your attorney help you. Even if you do not acquire an attorney from the beginning, you can hire an attorney at any time to challenge the DWI criminal charge and the revocation of your driver’s license.
Unfortunately, many drivers feel that their DWI case is “easy.” They’ve been accused, so they must be guilty. As a result, many people plead guilty and never seek the assistance of a criminal defense attorney. But the truth is not everyone needs to plead guilty and not everyone who is accused of DWI will be convicted.
There are both civil and criminal proceedings in a DWI case, and there are different penalties associated with each. Most people do not realize this, which is why it is important to have an attorney by your side. Many first offenders may feel guilty. They will go ahead and plead guilty because they may feel that did something wrong. You should know, however, that there IS a way out.
The burden of proof is on the state. Each case is unique, so the evidence that is presented in each case is unique. But, a qualified Minnesota defense attorney can take the evidence and provide a case to refute the prosecution’s claims in order to have the penalties reduced or the charges dropped completely.
For instance, the prosecution may offer evidence, but the defense may be able to:
- Produce doubt that you were the one driving the vehicle
- Prove that the arresting officer did not have probable cause
- Prove that the arrest was not valid
- Show that Miranda rights were not given, so any incriminating statements cannot be used
- Show that the vehicle was searched illegally
- Prove that the test was not given properly
- Demonstrate that the right to an attorney was not given or was not honored
- Prove that there was something in the mouth that interfered with the test
- Demonstrate that a medical condition such as acid reflux interfered with the results
- Prove that the testing device (such as an Intoxilyzer or Datamaster) was not properly calibrated or there has been a history of deficiencies with the device
Not all of these defenses are applicable to all cases, but some of them may be. There may also be usable defenses that are not listed here. You would be amazed at what your DWI attorney can do with your case in order to give you the most reasonable outcome possible. And the sooner you call an attorney, the better your case will be.