Understanding Minneapolis Charges in Fatal Drunk Driving Crashes

The Minnesota DWI Statistics

DWI are extremely serious criminal charges in Minnesota. The state does not provide a statutory provision on whether reckless plea bargains can be accepted, but a DWI attorney can create the bargain for an offender. In 2015, over 25, 000 drivers were reportedly arrested for drunk driving. Half the number of those arrested was termed as first-time offenders, meaning they had no DWI occurrences within the past ten years. According to Minnesota laws, a DWI/DUI is the act of being in physical control of a vehicle while:

•    Intoxicated with alcohol or drugs

•    Bearing a high blood alcohol concentration (BAC) of equal to or more than 0.8 percent

•    Having any levels of drug substances in the blood system except marijuana

When lawfully arrested, the law makes it a crime for DWI criminals to refuse taking a breath alcohol test.

Criminal Penalties

Penalties administered in Minneapolis are designed for swift consequences. For a first time offence, the offender may have their licenses revoked for up to 90 days. However, if chemical test refusal is involved, the period of license revocation may be extended to one year. In Minnesota, a first DWI is a misdemeanor that could get the offender jailed or fined up to 1,000 dollars. For gross misdemeanor, the penalty falls under one year jail term and a fine of up to 3,000 dollars. To regain the driving privileges, a driver’s license examination fee, plate impoundment fee, reinstatement fee and surcharge must be paid for.

The New DUI Laws

Since 2010, convicts of a DUI charge are expected to give time to the installation of an interlock ignition device to get restricted driving privileges. Offenders who fail to abide by law must be prohibited from all driving rights. Depending on the DWI case, no-driving policies range from one to six years.

Getting Legal Help

The facts and laws of every DWI case in Minnesota are different and complex. A DWI attorney understands the rules, laws, and consequences of each case in every jurisdiction detail. An attorney has enough familiarity with the court system, the skill to navigate complex administration procedures, and the understanding of plea bargain details.

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

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.