Minnesota man charged with DWI

A DWI charge in Minnesota carries with it many potential consequences. These include jail time, fines, and revocation or suspension of a driver’s license. The severity of the consequences depends on the driver’s prior record, if any, and the particular facts of the current charge.

Recently, St. Paul police arrested a Minnesota man on suspicion of drunk driving. They found the suspect in his car with his two minor children. The criminal complaint states that the man initially refused to take a preliminary breath test. A later test registered the man’s blood alcohol content (BAC) as 0.289. The legal BAC limit in Minnesota is 0.08. The man was charged with third-degree DWI.

A DWI offense in Minnesota can be charged as a misdemeanor, a gross misdemeanor or a felony, depending on whether there were aggravating factors present when the current violation was committed. There are a number of rules to navigate when you are charged with a DWI. There are also a number of defenses available. Although not present in every case, an officer may have lacked probable cause to pull you over, your rights might not have been properly honored, or the testing device may have malfunctioned.

In criminal prosecutions, the state bears the burden of proving guilt beyond a reasonable doubt. This is the highest threshold of proof required by the law. Each defendant has the right to force the state to carry that degree of proof. If you have been charged with DWI, it is important to assert and preserve your rights. This does not mean that your DWI case will necessarily get dismissed, but working with an experienced attorney can help mitigate potential penalties.

Source: MyFoxTwinCities.com, “St. Paul Boy Knocks on Door, Reports Dad’s DWI,” Jan. 6, 2012.

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.

Experience: Practicing since 1997
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

Recent Posts

What Is the Exclusionary Rule in a Criminal Case?

So, what is the exclusionary rule, and how does it apply to your case? The exclusionary rule is a court-driven rule that takes effect when evidence in a criminal case is unlawfully obtained. In your case, a court might use the exclusionary rule if the illegally obtained evidence helped the officers get other pieces of evidence they would not have found otherwise.  The secondary evidence subject to the exclusionary rule is referred to as the fruit of the poisonous tree doctrine. The exclusionary rule borrows its reasoning from constitutional rights. So, it applies to criminal cases as a deterrent and remedy rather than a standalone constitutional right.

What Happens If You Violate Probation in Minnesota?

People who suspect that they have violated probation or are already facing a violation charge might ask, “What happens if you violate probation?” A probation violation in Minneapolis, Minnesota could result in a range of consequences, depending on the type and severity of the violation. Those consequences include reprimand from probation officers, enhanced supervision and stricter conditions, and probation revocation and incarceration.