DWI Attorney Serving New Brighton
Sadly, driving while intoxicated (DWI), is a far too common offense in Minnesota. Every year, state law enforcement officers arrest thousands for driving with alcohol levels above the legal limit. Tragically, this behavior can lead to crashes that cause injuries or fatalities or, at the very least, a DWI arrest.
A DWI arrest that progresses to a conviction can have devastating consequences — jail, imprisonment, fines, license revocation, higher insurance rates, and more. If you were recently arrested for DWI, the sooner you retain an attorney, the quicker the evidence can be gathered and reviewed and a defense strategy developed.
When you’re ready, look to Duffy Defense, a criminal defense law firm serving New Brighton and other communities in Ramsey County.
DWI in Minnesota
Statistics reveal the shocking toll that DWIs have taken on Minnesotan lives. Minnesota’s Office of Traffic Safety (OTS) reports that in 2023, there were 373 fatal crashes in the state that resulted in 411 deaths.
Alcohol, one of the four leading causes of crashes on the state’s roads, contributed to 109 of those fatal crashes. OTS data also shows that Minnesota law enforcement made 27,192 DWI arrests in 2023.
In its “Safe Streets for All: Transportation Safety Action Plan,” the City of St. Paul highlights that 23,145 crashes occurred in the city from January 1, 2018, through December 31, 2022. Alcohol or illicit drugs were a contributing factor in 10.5% of these crashes.
While other states may make a distinction between a DUI and DWI, they essentially have the same colloquial meaning in Minnesota. Legally, the charge you would receive for driving while impaired by drugs or alcohol is DWI.
Whether the police pull you over while driving or find you inside your parked vehicle, you can be charged if your blood alcohol concentration (BAC) is above the legal limit. The legal limit in Minnesota is 0.08% (0.04% for commercial drivers), but a driver can be arrested for a lower BAC.
The Legal Ramifications of a DWI
If you’ve been arrested or charged with a DWI, it’s important that you understand that this type of crime carries substantial penalties, which can differ with each offender. They may include:
Jail, Imprisonment and Fines
First-time offenders face from 30 days to one year in jail. The jail time, however, increases with previous DWI convictions.
A driver can be charged with a felony DWI if it’s their fourth DWI arrest in a 10-year period, were previously convicted of a felony DWI, or were formerly convicted of a felony for impaired driving that resulted in criminal vehicular homicide or injury. A felony DWI carries a penalty of up to seven years in prison.
Fines start at up to $1,000 but can go up with previous DWI convictions. The fine for a felony DWI can go as high as $14,000.
License Revocation
A DWI conviction can result in the revocation of a driver’s license for as many as six years, though the average is 30 days. With a fourth offense, a driver may lose their license for four years. To reinstate a revoked license, a New Brighton driver will have to go to the Arden Hills DMV and pay a $680 reinstatement fee.
Ignition Interlock Device
The court may require a driver convicted of DWI to use an ignition interlock device, which prevents a vehicle from starting when the driver’s BAC tests at a certain level. Service and monitoring fees apply, which are the responsibility of the offender.
Vehicle Forfeiture
Under Minnesota’s impaired driving law, a motor vehicle or recreational vehicle can be forfeited if it’s used to commit a first-degree DWI offense or a third offense within 10 years. Motor vehicle forfeiture may be authorized based on prior convictions or license revocations.
Chemical Use Assessment and DWI Training
Minnesota law may require a chemical use assessment to be submitted to the court and other agencies if someone is convicted of driving while impaired.
Insurance Rate Increase
Anyone arrested for or convicted of a DWI can expect a substantial increase in their vehicle insurance rates. They may see as much as a 60% increase in their rates.
A DWI charge or convichttps://www.fool.com/the-ascent/insurance/auto/articles/heres-how-much-a-dui-affects-your-auto-insurance-rates/tion can be expensive. It can easily approach $20,000 after adding up the court, legal, and other required fees, as well as the higher insurance rate.
Why Contact Duffy Defense for Your DWI?
If you’re facing a DWI conviction, it’s wise to seek legal assistance from an experienced attorney as soon as possible. While no attorney can guarantee how your case will turn out, a skilled attorney can increase your chances of avoiding a guilty verdict.
We’ll Evaluate the Evidence
With Duffy Defense on your team, we’ll thoroughly review the evidence, such as:
- Police report
- Eyewitness testimony
- Field sobriety test results
- BAC results
- Blood, breath, or urine test results
- Police bodycam or dashcam footage
- Witness video footage
- Physical evidence (i.e., an open or empty container of alcohol)
- Illicit drugs
- Weapons
- Prescription medications
- Medical records
The evidence is central to a DWI case. The prosecution must use it to prove that you drove while impaired by alcohol or drugs.
We’ll Build a Defense Strategy Tuned to Your Case
Using the evidence and the law, we’ll build a strategy uniquely tailored to your situation. It may include challenging:
- A police report with inconsistencies
- An invalid traffic stop
- Lapses in procedure
- The validity of the field sobriety test
- The reliability of the BAC results
If there are inconsistencies in the police report, lapses in procedures, or reliability issues related to the test results, we’ll challenge them.
If appropriate, we may be able to negotiate with the prosecution to reduce the penalties or charges. We may also be able to secure a limited license, which would allow you to drive to work or school during the revocation period.
Your DWI attorney will argue your case with confidence and determination, bolstered by our extensive knowledge of the law and our track record of taking on cases that concluded with the best possible outcome for our clients.
A DWI arrest or charge can raise a variety of emotions, like embarrassment, guilt, and frustration. Allow us to take some of the weight from your shoulders.
At Duffy Defense, we’re not here to judge anyone. Our focus is where it should be: providing knowledge- and experience-backed legal services to those arrested for or charged with DWI and other criminal offenses. We work with our clients, treating each one with the compassion, dignity, and respect that all humans deserve.
Duffy Defense founder and attorney Alec Duffy is a member of the Minnesota State Bar and Ramsey County Bar Association. He’s also a member of the Minnesota Association of Criminal Defense Lawyers.
Duffy Defense’s Other Legal Services
Duffy Defense also provides legal services for the following:
- Assault and violent crimes
- Drug crimes
- Sex crimes
- Theft and property crimes
- Traffic crimes
- Criminal expungement
- Gun rights restoration
- License revocation
Duffy Defense is located in St. Paul, several blocks west of the Mississippi River and just a short drive from New Brighton.
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
Have You Been Arrested or Charged With a DWI?
If you’re facing a DWI arrest or conviction, call Duffy Defense for a consultation. We’re ready to provide you with counsel and representation. We serve clients in New Brighton and communities throughout Ramsey County.