Minnesota father accused of DWI; Daughters say dad had girls open beers

A Northwestern Minnesota man was arrested last week in Dilworth, Minnesota on suspicion of felony drunk driving. Followers of this blog are aware that Minnesota’s implied consent and driving while impaired statutes include aggravating factors that can bump a drunk driving charge from a misdemeanor up to a higher level offense.

A single aggravating factor, for instance, may increase a first-time DWI offense to a gross misdemeanor charge. Repeat DWI offenders, drivers with high alcohol measurements (0.20 percent blood alcohol concentration or greater), and drivers accused of driving drunk with a child in the car may face enhanced DWI charges.

Like with any DWI allegations, drivers accused of an enhanced DWI charge (including those based upon out-of-state prior drunk driving convictions) should consider speaking with a DWI defense lawyer as soon as possible after an arrest.

In addition to enhanced criminal consequences, a driver may face increased civil penalties attacking the driver’s privilege to drive, and in some enhanced cases, the government may take the vehicle in a forfeiture action. The timeline to challenge an implied consent loss of license or vehicle forfeiture is short and may lapse before an appearance is scheduled in criminal court.

The man arrested in Dilworth, Minnesota last Friday reportedly has three prior DWI convictions on his record within 10 years. Two of the prior convictions are from North Dakota. However, the man is also accused of the current drunk driving charge with his twin 12-year-old daughters riding in the car. Police claim that the driver tested 0.24 percent in an evidentiary breath test at the Clay County Law Enforcement Center after his arrest.

Clay County authorities have charged the 47-year-old Moorhead, Minnesota man with two counts of felony DWI, and two counts of gross misdemeanor child endangerment charges. Police claim that the man’s daughters told law enforcement that their father had been driving at 90- to 100-miles per hour. The girls reportedly claim that the driver had his daughters opening beers for him as he drove the car.

The man was booked into jail. Authorities say that he was released after posting $12,000 bond. A court appearance is scheduled for March 15 on the criminal charges.

Source: The Jamestown Sun, “Man charged with felony drunken driving: Twin daughters tell deputy in DWI arrest father had them open beers as he hit 100 mph,” Emily Welker, March 6, 2013

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

Confidential informants may provide integral information to help build criminal investigations, but how reliable is that information when they are receiving payment for their services? To protect them, state law requires the identity of informants be kept confidential. For those facing criminal charges, however, this creates challenges in questioning the accuracy and validity of the information given at trial.
Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.