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 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

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
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.