Woodbury man accused of felony DWI after cop sees car doing doughnuts

A 21-year-old Woodbury, Minnesota man is facing felony drunk driving charges after he was pulled over shortly after 2:00 in the morning on March 16. Woodbury Police claim that an officer watched a car leave from the area near a saloon and cross into a parking lot outside a fitness center in Woodbury. The officer claims that the driver of the car did some “doughnuts” in the fitness center’s parking lot.

Law enforcement says that the car left the parking area and the driver failed to use a turn signal while turning onto Radio Drive. Police conducted a traffic stop and claim that a 21-year-old Woodbury man was behind the wheel. Police say that the driver has three previous driving while impaired convictions–one entered in 2009 and two recorded in 2011.

Police apparently expanded the traffic stop to investigate for an alleged DWI offense. Ultimately, police assert that the driver blew 0.17 percent in an evidentiary DWI breath test.

Minnesota law provides harsh criminal and civil consequences for drivers accused of repeat DWI offense. The law has various parts, which are referred to as aggravating factors that can be used to enhance a new DWI charge based upon prior qualified alcohol related incidents. A prior DWI license revocation or prior DWI conviction within ten years of a current charge can enhance the new charge to a higher level of offense.

Authorities say that the Woodbury man has three prior convictions of DWI within that ten-year time-frame and have charged the man with felony DWI. A conviction of the charge could bring a maximum sentence of seven years in prison. In addition, administrative penalties may be imposed after a DWI arrest, including a license revocation and, in some cases, vehicle forfeiture.

The administrative issues are handled separately from the criminal case, and a person facing the civil penalties must affirmatively act in order to raise a challenge. The time frame to raise a challenge is a matter of weeks and if not properly raised before time runs out, the challenge is generally lost, even if a conviction is not entered in the criminal case.

Source: Woodbury Patch, “Three-Time DWI Offender Busted After Doing Doughnuts in Woodbury Parking Lot,” Kris Janisch, March 25, 2013

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.