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.