Minneapolis DWI

According to statistics from the Minnesota Department of Public Safety, over 30,000 arrests occur every year statewide that result in DWI charges. If you are arrested for or charged with DWI in Minneapolis, you need to know how to protect yourself. From the moment that a police officer makes a traffic stop, they will be looking for evidence of intoxication and trying to get incriminating evidence about your condition. In addition, Minnesota’s implied consent law requires that you submit to chemical tests if you’re suspected of driving while impaired.

The team at Duffy Defense, PLLC, is ready to defend you. Our DWI defense lawyers can explain your rights, examine the evidence against you, search for violations of your rights, and work to undermine the prosecutor’s case. We’ll develop a defense that aims to protect your freedoms.

What Is a DWI Charge in Minnesota?

At the simple level, someone can be charged with driving while intoxicated if they were drunk to the point that they could not safely drive. However, state law is far more nuanced than this.

Under Minnesota Statute § 169A.20, a person may commit the offense of driving while impaired while operating a motor vehicle in eight ways. These are:

  • Being under the influence of alcohol

  • Being under the influence of a controlled substance

  • Being under the influence of an intoxicating substance while the person knows or has reason to know that the substance can cause impairment

  • Being under the influence of two or more substances

  • Having a blood/alcohol concentration of .08 percent or more

  • Driving a commercial vehicle with a blood/alcohol concentration of .04 percent or more

  • Having any amount of a Schedule I or II substance or cannabis in their system

  • Being under the influence of cannabis, hemp, a cannabinoid, or tetrahydrocannabinol

The Concept of “Operation” in Minnesota DWI Cases

No matter which part of the DWI statute police officers believe you violated, once you’ve been charged, prosecutors must prove beyond a reasonable doubt that you were driving, operating, or were otherwise in physical control of a vehicle. What does “operating” a vehicle mean?

If a person who’s been drinking got into their vehicle on a cold night intending to “sleep it off” and turned on the car so they could run the heater, they could still be arrested for DWI. It would be difficult to prove in court that they had no intention of actually driving.

If an intoxicated person is standing near a vehicle that is running and there’s no one else around, they can be arrested for DWI. Additionally, if a person who is intoxicated is behind the wheel of the car and has the keys in their pocket, they can be arrested for DWI.

“Operating a vehicle” is interpreted broadly in Minnesota. Your best course of action is to avoid these situations. However, if you’ve been arrested for DWI in any of these circumstances, your defense attorney can work to find all available evidence that indicates you did not operate or have control of the vehicle.

A skilled Minneapolis DWI lawyer could also dispute other key aspects of a prosecutor’s allegations. This may involve examining the reasons for a traffic stop, disputing the results of a field sobriety test or the calibration of the instrument used to perform the test, evaluating the blood, breath, or urine lab tests, and even questioning an arresting officer’s recollection of events. Any of these investigations could help raise a reasonable doubt about the State’s allegations.

The Potential Penalties for a DWI Conviction

State law places a DWI conviction into one of four categories. These are first, second, third, and fourth-degree DWI. The category of DWI with which you are charged depends on:

  • The amount of alcohol in a person’s body

  • Whether a person has any prior DWI convictions

  • If there was a child in the vehicle

  • If the incident resulted in another’s injury or death

  • If the driver refused to submit to a blood, breath, or urine test

The penalties for DWI in Minnesota are:

  • Fourth-degree DWI: This crime is a misdemeanor and is punishable by up to 90 days in jail and fines of up to $1,000.

  • Third-degree DWI: This crime is a gross misdemeanor punishable by a minimum of 30 days in jail, with 48 hours of that served in a local correctional facility, eight hours of community service for a number of days, and fines up to $3,000.

  • Second-degree DWI: This crime is a gross misdemeanor punishable by a minimum of 90 days of incarceration, with 30 days of that served in a local correctional facility, or a program of intense supervision with at least six days in a local correctional facility, and fines up to $3,000.

  • First-degree DWI: This crime is a felony punishable by a minimum of three years and up to seven years in prison and a fine of up to $14,000. The convicted person’s driver’s license will be revoked.

Penalties for the Multiple Offenses within 10 years

  • Second offense within 10 years = minimum of 30 days in jail

  • Third offense within 10 years = 90 days in jail. These 90 days can be 30 days in custody and 60 days with Electronic Home Monitoring (EHM). This is only if successfully negotiated by an attorney and judge and approved, on your behalf.

In addition, all DWI convictions come with required administrative penalties. At a minimum, these involve a 15-day loss of license, a $680 license reinstatement fee, passing the required DWI knowledge test, and the completion of a chemical health assessment. More extreme examples could bring the required installation of an ignition interlock device or even permanent loss of license in the case of repeated DWI convictions.

Speak with an Attorney at Duffy Defense, PLLC, Now to Discuss Your Minneapolis DWI Case

The mere allegation of drunk or high driving has the potential to change your foreseeable future. The fact is that a conviction can come with significant penalties that can affect your life, your ability to get to work, your relationships, and your freedom. It is critically important that you act now to protect yourself.

The team at Duffy Defense, PLLC, serves people throughout the greater Minneapolis/St. Paul area. When you hire us, we will work to limit the impact of a DWI arrest on your life. Our goal is to protect your rights while working toward an outcome that lets you move on quickly toward the future. Whether this involves reaching a plea deal that seeks to end your case quickly or fighting the charges at trial, we are here to help throughout your case. Contact us now to schedule your consultation and learn more about DWI in Minneapolis.

Driving to the Duffy Defense Office

Duffy Defense helps people throughout the Greater Minneapolis and St. Paul area. This includes not only Hennepin County but also areas in northern Ramsey County, like New Brighton and Maple Wood.

You can use these directions to reach our office at 370 Selby Avenue, Suite 207, in St. Paul, from anywhere in Minnesota.

From the North: 

  • Take I-35E S toward St. Paul

  • Take exit 240 to St. Anthony Ave

  • Turn left onto Dale St

  • Turn left onto Selby Ave

  • Destination will be on the right

From the South:

  • Take I-35E N toward St. Paul

  • Take exit 106B for W. Kellogg Blvd

  • Turn left onto W. Kellogg Blvd 

  • Turn left onto John Ireland Blvd

  • Turn right onto Selby Ave

  • Destination will be on the left

From the East:

  • Take I-94 W toward St. Paul

  • Take exit 241A for Marion St

  • Turn right onto Marion St 

  • Turn right onto John Ireland Blvd

  • Turn left onto Selby Ave

  • Destination will be on the left

From the West:

  • Take I-94 E toward St. Paul

  • Take exit 241 for Rondo Ave

  • Turn left onto Marion St 

  • Turn right onto John Ireland Blvd

  • Turn left onto Selby Ave

  • Destination will be on the left

Areas Served