A Blue earth county man recieved a driving while intoxicated charge (DWI/DUI) in Blue Earth County, Minnesota. After running out of gas, he decided to fill up his lawn mover and drove on a street to the gas station. He noticed that an officer was following him, and confronted the officer. The man ended up testing .28 which is over three times the legal limit. As a result he was charged with DWI.
In Minnesota, a DWI/DUI is defined under Minnesota law as driving, operating, or being in physical control of a motor vehicle while under the influence of drug or alcohol or knowingly under the influence of a hazardous substance that affects/impairs your ability to drive. Any person with an alcohol concentration of .08 or over or any amount of a schedule I or II drug while operating or being in psychical control of a vehicle will lead to a DUI charge. There can also be DUI charges for refusing to take a breath test. For more information about refusal cases, contact Keller Law Offices.
In Minnesota, Minnesota law defines a motor vehicle as “every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. The term includes motorboats in operation and off-road recreational vehicles, but does not include a vehicle moved solely by human power.” Off-road recreational vehicle means an off-highway motorcycle and snowmobiles, etc. For a full list of definitions of motor vehicles, look at Minnesota Statute 169A.03. Other common ways to get a DUI charge in Minnesota is boating wile intoxicated. (BWI)
In Minnesota there are four levels of DWI’s. A fourth-degree DWI is a misdemeanor and is issued when the driver has no priors DUI’s within the past ten years. For a fourth-degree DWI to be issued, the driver cannot have any aggravating factors involved. A third-Degree DWI is a gross misdemeanor. This means that the driver may have had one prior DUI within the past ten years or that an aggravating factor was involved. Another way a DUI can become a third-degree DWI is if the driver refused to take the breath test or tested .16 or higher. A second degree DUI is also a gross misdemeanor. This means that the driver may have had two prior DUI’s within the past ten years. The driver also could have had one prior with an aggravating factor or refused the breath test. A first degree DWI is a felony, which means that the driver had four drunken driving convictions within the past ten years.
Max Keller is a 24-hour criminal lawyer. Because Max Keller is a 24-hour criminal lawyer, the phones are answered in the middle of the night to offer guidance to individuals in custody. A 24-hour criminal lawyer is always available and willing to talk to people who are seeking legal advice. Keller Law Offices also offers a free consultation. The 24-hour criminal lawyers at Keller Law Offices will take the time to find out the facts and circumstances before giving any legal advice. Call 612-210-0629 if you have been charged with a crime. Keller Law Offices offers payment plans in most cases. We will talk with you about the process and steps that need to be taken to handle your case. We are aggressive and will take your case to trial.