DUI Attorney Serving Shoreview

DUI Attorney Serving Shoreview, Minnesota

Driving under the influence (DUI) is a serious offense in Minnesota, and carries consequences that can affect your personal and professional life. If you’re facing a DUI charge in Shoreview or elsewhere in Ramsey County, it’s crucial to understand Minnesota’s DUI laws, the potential penalties, and how an experienced DUI defense attorney can protect your rights.

Contact Duffy Defense, PLLC, for a free consultation with one of our defense attorneys. We’ll evaluate your case, explain the charges against you, and help you understand your legal options.

Is There a Difference Between DUI and DWI in Minnesota?

Many Minnesotans use the terms DUI (driving under the influence) and DWI (driving while impaired) interchangeably. However, Minnesota’s laws use the term DWI.

Under Minnesota law, there are three primary ways you could face DWI charges:

You had a blood alcohol concentration (BAC) of 0.08 percent or higher within two hours of police stopping you
You were under the influence of alcohol, a controlled substance, or an intoxicating substance when police stopped you
You had any amount of Schedule I or II substances in your body when police stopped you

While most people know about the 0.08 percent BAC limit in Minnesota, you may not realize that prosecutors can charge you with DWI even if your BAC is below this threshold. Even if your BAC doesn’t reach the legal limit, if you show signs of impairment, police can arrest you, and you could face charges.

Different Levels of Minnesota DUI Charges

Minnesota has different levels of DUI charges, categorized into four degrees based on the severity of the offense:

Fourth-Degree DWI – This misdemeanor charge typically applies to first-time offenders in circumstances with no aggravating factors, such as a child in the vehicle, a prior DWI conviction within the last 10 years, or a BAC of 0.16 percent or above.
Third-Degree DWI – This gross misdemeanor charge applies to cases with one aggravating factor.
Second-Degree DWI – This gross misdemeanor charge applies to cases with two or more aggravating factors.
First-Degree DWI – This felony charge applies to cases where the defendant has three or more DWI-related offenses within the past 10 years or has a prior felony conviction for criminal vehicular homicide and injury or substance-related offenses.

What Are the Penalties for a DUI Conviction in Minnesota?

The penalties for a DUI conviction in Minnesota can be severe, and range from fines and license revocation to imprisonment. The severity of the penalties typically depends on the level of the DUI charge and any aggravating factors involved:

Fourth-Degree DWI – You could face imprisonment for up to 90 days and a fine of up to $1,000.
Third-Degree DWI – You could face imprisonment for up to one year and a fine of up to $3,000.
Second-Degree DWI – You could face imprisonment for up to one year and a fine of up to $3,000.
First-Degree DWI – You could face imprisonment for up to seven years and a fine of up to $14,000.

The length of license suspensions depends on additional factors, such as the number of prior offenses and whether you voluntarily submitted to chemical testing.

Do I Need an Attorney After a DUI Arrest?

If police arrest you for DUI in Shoreview, you should seek legal counsel, even if it is your first offense. Minnesota’s DUI laws are complex, and the penalties can be significant. An experienced DUI defense attorney can guide you through the legal system, protect your rights, and work toward the best possible outcome.

Some of the ways an attorney can help include:

Providing Legal Knowledge – DUI defense attorneys understand Minnesota’s DUI laws and will use their knowledge to build a strong defense on your behalf.
Negotiating Lesser Charges – Your attorney may be able to negotiate a plea deal that reduces your charges or penalties, especially if it is your first offense.
Challenging Evidence – An attorney can challenge the evidence brought against you by prosecutors, such as the validity of breathalyzer or field sobriety tests, the legality of the traffic stop, or the procedures law enforcement followed.
Representing You in Court – If your case reaches the trial phase, having an attorney by your side is crucial. They will present evidence and argue in support of your defense.

What Defenses Are Available in DUI Cases?

Depending on the circumstances of your arrest, there are several defenses your attorney can use. Some of the most common defenses include:

Improper Traffic Stop – If the police officer didn’t have a valid reason to pull you over, any evidence gathered during the traffic stop might be inadmissible in court. Without this evidence, prosecutors may not have a case against you.
Inaccurate BAC Test Results – Breathalyzers and blood tests may be inaccurate due to equipment calibration or test administration issues.
Rising BAC – Your BAC can continue to rise over time, so police must check it within two hours of your stop. If they take your BAC later, your attorney could argue that it was below the legal limit and you were not impaired at the time of the arrest.
Improperly Administered Field Sobriety Tests – In some cases, arresting officers may improperly administer field sobriety tests. These tests are also subjective, so even if the officer administered them correctly, they may have reached an incorrect conclusion.
False Positives – Certain medical conditions or foods can affect breathalyzer results, leading to false positives.

DUI Defense Attorney Serving Shoreview, Minnesota

Are you facing DUI charges in Shoreview or elsewhere in Minnesota? If so, it’s essential that you consult with an experienced DUI defense attorney to protect your rights and have the best chance of avoiding severe penalties.

At Duffy Defense, PLLC, our team of criminal defense attorneys understands the intricacies of Minnesota DUI law and dedicates itself to providing personalized representation to every client. We will thoroughly investigate your case, challenge questionable evidence against you, and work to achieve the best possible outcome.

Don’t face your DUI charge alone. Take the first step toward protecting your future by contacting our law office today to schedule a free consultation.

Extensive Knowledge and Reputation

DWI Detection and. Standardized Field Sobriety Test (SFST) Trained
Top Attorney 2024, in MN; Minnesota Monthly
Top 10 Criminal Defense Attorneys Under 40 in MN; The National Academy of Criminal Defense Attorney
National College for DUI Defense, Member
Minnesota Association of Criminal Defense Lawyers, Member