Ryan Stanek was charged with 3rd degree driving under the influence in Maple Grove, Minnesota. Stanek is Hennepin County Sheriff Rich Stanek’s son. He was arrested on New Year’s Day at 3:36 AM. He was allegedly vomiting outside of his car and a passerby called him in. Police stated that he was slumped over. He refused to take the breath test that was offered to him. He was subsequently charged with 3rd degree DUI refusal. In Minnesota, a refusal is a crime and an aggravating factor. Had Stanek agreed to take the breath test, he may have been charged with 4th degree DUI. Whether he would have been charged with a 4th degree misdemeanor depends on his breath alcohol content.
In Minnesota, a 3rd degree driving under the influence charge is a gross misdemeanor. A gross misdemeanor means that the driver may face jail time for up to one year and/or a fine of $3,000. However, it is not likely that a driver will have to execute a full year in jail. Plea offers differ in each county and city. A typical sentence in Hennepin County may include 2 days of community service and/or jail time and 28 days of electronic home monitoring (“EHM”). It is also possible to get work release for the time on EHM. This is just an example of a possible outcome for a 3rd degree DUI and this may not be true of your DUI case.
Stanek will need a criminal attorney in Minnesota to handle his DUI charge. A criminal attorney in Minnesota will be able to view to evidence and see if the proper procedures were followed. A criminal attorney in Minnesota may be able to challenge the stop and arrest, etc. A criminal attorney in Minnesota may also challenge the constitutionally of the implied consent law and refusal crime. Max Keller is a criminal attorney in Minnesota. Keller Law Offices offers free consultations. Call 952-913-1421 to talk with a criminal attorney licensed in Minnesota.