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.

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

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.