Plymouth Man Accused of Felony Fleeing, 3rd Degree DWI in Crystal

Most drivers know that Minnesota law places the legal limit for alcohol for a Minnesota driver at 0.08 percent blood alcohol concentration. However, Minnesota’s driving while impaired and implied consent laws also have other friction points related to a driver’s alcohol level.

For instance, a reading measuring 0.16 BAC or greater can increase the length of the license revocation period associated with the DWI arrest. If a breath, blood or alcohol test returns a result of 0.20 percent BAC, prosecutors can seek a gross misdemeanor level offense, even on a first-time DWI offense.

Recently, a Plymouth man was charged with third-degree DWI after a breath test allegedly registered a 0.24 percent BAC reading. A third-degree DWI in Minnesota is a gross misdemeanor level offense, which carries a potential sentence of up to a year in jail and a potential fine of up to $3,000. However, for the 40-year-old Plymouth man, the criminal allegations also include a felony charge on the claim that the driver fled from police in his car before his arrest.

Authorities allege that a Crystal Police officer attempted to conduct a traffic stop for an alleged speeding violation in Interstate 394 around 1:45 a.m. August 19. Crystal Police claim that the driver sped up to 80 miles per hour, and that the driver initially refused to stop. Law enforcement says that the Plymouth man drove onto the exit ramp for Louisiana, and pulled over at the top of the ramp.

During the traffic stop, the officer says that he conducted a DWI investigation, ultimately arrested the 40-year-old driver. He has been charged felony fleeing a police officer in a motor vehicle and gross misdemeanor DWI. The man reportedly was released from jail on a $25,000 bond and is reportedly next scheduled to appear in Hennepin County District Court September 19.

Source: Plymouth Patch, “Plymouth Man Charged with DWI, Fleeing Police at 80 MPH,” Betsy Sundquist, Sept. 4, 2012

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-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. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

What to Do If You Have Been Charged with a Criminal Offense

Involve a criminal appeal attorney soon after you learn the prosecution is appealing your sentence. Your attorney will walk you through the involving and confusing sentencing guidelines. An attorney's involvement will also help you develop a defense strategy for the appeal.