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How to Beat a DUI Charge in Minnesota [infographic]

A DUI charge in Minnesota has severe consequences, but steps can be taken to beat the charges or at least have them reduced. Driving under the influence of alcohol, drugs or other substances that impair your driving ability is illegal in all states. Some states refer to violations as DUIs, while others call them DWIs, but in either case, there are big consequences, including possible jail time.

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Table of Contents

Reducing or Eliminating DUI Charges

Drinking and driving is never a good idea under any circumstances. It can result in injuries, fatalities, property damages, loss of a driver’s license, huge fines, and increased insurance rates, not to mention the arrest. It only takes a few drinks to exceed the legal limit which is 0.08% blood alcohol content (BAC). If stopped on the road, it’s important for drivers to know how to protect their rights in a traffic stop.

Field Sobriety Tests

Although field sobriety tests are commonly administered in DUI stops, they are not always accurate indicators of impairment. Breath tests measure the amount of alcohol in the breath, then convert that number to determine the alcohol blood content (BAC). As a result, breath tests are susceptible to a variety of influences that cause inaccurate readings.

Probable Cause

Police officers must have probable cause to stop, detain, or arrest someone for a DUI. Officers must have a reasonable suspicion of criminal activity which may be prompted by a traffic violation, an observable safety violation, or a driving maneuver that indicates the driver may be intoxicated. Broken headlights or taillights, broken or cracked windows, darkly tinted windows, and loud exhaust pipes provide probable cause for a traffic stop. If a driver is stopped and the evidence doesn’t show probable cause, DUI charges may be reduced or dismissed.

Communication

If stopped, a driver should be courteous, but admit to nothing. Many divers become overly talkative and provide too much information due to stress or anxiety, but admitting to guilt can be held against the driver in court. Drivers are under no obligation to provide police officers with any information beyond that on their driver’s license, vehicle registration, and proof of insurance.

Max Keller image
Attorney Max Keller
Max Keller

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

Cinematic Court of Law and Justice Trial Proceedings. Cost of a Guilty Criminal Plea

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.
Court of Justice Trial. Pre-Trial Motions Hearing

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.
Man in handcuffs. Refusing Arrest vs. Resisting Arrest

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.