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How to Beat a DUI Charge in Minnesota [infographic]

A DUI charge in Minnesota has severe consequences, but steps can be taken to beat the charges or at least have them reduced. Driving under the influence of alcohol, drugs or other substances that impair your driving ability is illegal in all states. Some states refer to violations as DUIs, while others call them DWIs, but in either case, there are big consequences, including possible jail time.

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Reducing or Eliminating DUI Charges

Drinking and driving is never a good idea under any circumstances. It can result in injuries, fatalities, property damages, loss of a driver’s license, huge fines, and increased insurance rates, not to mention the arrest. It only takes a few drinks to exceed the legal limit which is 0.08% blood alcohol content (BAC). If stopped on the road, it’s important for drivers to know how to protect their rights in a traffic stop.

Field Sobriety Tests

Although field sobriety tests are commonly administered in DUI stops, they are not always accurate indicators of impairment. Breath tests measure the amount of alcohol in the breath, then convert that number to determine the alcohol blood content (BAC). As a result, breath tests are susceptible to a variety of influences that cause inaccurate readings.

Probable Cause

Police officers must have probable cause to stop, detain, or arrest someone for a DUI. Officers must have a reasonable suspicion of criminal activity which may be prompted by a traffic violation, an observable safety violation, or a driving maneuver that indicates the driver may be intoxicated. Broken headlights or taillights, broken or cracked windows, darkly tinted windows, and loud exhaust pipes provide probable cause for a traffic stop. If a driver is stopped and the evidence doesn’t show probable cause, DUI charges may be reduced or dismissed.

Communication

If stopped, a driver should be courteous, but admit to nothing. Many divers become overly talkative and provide too much information due to stress or anxiety, but admitting to guilt can be held against the driver in court. Drivers are under no obligation to provide police officers with any information beyond that on their driver’s license, vehicle registration, and proof of insurance.

Max Keller image
Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Senior truck driver holding a wheel and looking through the window. DWI Affects CDL Holders

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.
Passenger is sitting on the back seat of the car and using smart phone app to rate a driver. DWI Affects Rideshare Drivers

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.
Two policemen are standing in front of the building's entrance door. Police Search Your Phone Without a Warrant

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.