DWI | DUI Basics

In Minnesota, a DWI | DUI or Refusal to take a chemical test generally involves at least two (2) cases happening at the same time.

The First Case is what I refer to as the Civil Case. This involves the civil penalty of having the up front license revocation of your driver's license or privilege to drive as the alleged result of your refusal to take a chemical test (i.e., a blood, urine or a breath test), or your alleged failure of that test—meaning a chemical test result showing an Alcohol Concentration (AC) of .08% or more or the presence of a specific controlled substance.

In addition, depending on your criminal history, test refusal and/or test failure, you may also be subject to the additional or collateral civil penalties of plate impoundment and vehicle forfeiture.

The Second Case is what I refer to as the Criminal Case. This involves the potential for loss of freedom (that is, jail or prison time) and/or financial penalties (that is, fines and court costs) associated with the exact criminal charge brought against you and the level of the offense.

Current Minnesota DWI law criminalizes a DWI into Degrees:

v First Degree DWI (a felony, which is subject up to 7 years in prison and/or a fine of up to $14,000.00);

v Second Degree DWI (a gross misdemeanor, which is subject up to 1 year in jail and/or a $3,000.00 fine);

v Third Degree DWI (a gross misdemeanor, which is subject up to 1 year in jail and/or a $3,000.00 fine); and

v Fourth Degree DWI (a misdemeanor, which is subject up to 90 days in jail and/or $1,000.00)).

Both Cases are critical because either the Revocation (in the First-Civil Case) or a Conviction (in the Second-Criminal Case) can be used to "Enhance" (i.e., make more serious) a subsequent DWI | DUI charge.

That is, in Minnesota, each prior Conviction or Revocation within a ten (10) year period of the current civil Revocation or DWI | DUI criminal charge can be used to:

Ø Enhance the criminal charge, that is, make it a gross misdemeanor or felony; &

Ø Enhance the civil consequences, that is, increase the revocation length, and result in a plate impoundment and/or a vehicle forfeiture.

Limited Driver's License (Work/School) Permit

Depending on the details of your DWI case, you may be eligible for a Limited Driver’s License (Work/School) Permit, if:

1. Your livelihood or attendance at a chemical dependency treatment or counseling program depends upon it;

2. You are a homemaker and it is necessary to prevent the substantial disruption of the education, medical, or nutritional needs of your family; or

3. Your attendance at a post-secondary institution of education (college) depends upon it.

If you retain my services, I will provide you with all the proper and practical information necessary for you to obtain a Limited Driver’s License (Work/School) Permit.

Civil | Implied Consent (IC) Hearing

If you retain my services, I will make sure all necessary paperwork is filed, including all necessary challenges to your license revocation. Keep in mind that you have the legal right to challenge your license revocation by filing with the court and serving on the government the proper paperwork called an Implied Consent (IC) Petition. The IC Petition requests an immediate hearing or trial to challenge all issues surrounding your license revocation.

The Implied Consent Hearing is a part of the Civil Case, which allows us to contest your license revocation on a number of grounds, e.g., illegal stop or arrest, improper testing, right to counsel violated, etc.

*Note, however, that the IC Petition must be filed with the court and served upon the government within thirty (30) days of the date of the Notice and Order of Revocation (i.e., within 30 days of the date that your license revocation initially starts) that either the officer or the State of Minnesota served upon you; otherwise:

you waive all rights and issues that could or

should have been raised—even if you have a winner!

Depending on the county of your DWI, I will also file a motion requesting that your license revocation be “stayed” (that is, your license be reinstated fully as if there was no DWI) pending the outcome of your criminal case.

Enhancement | Increase in Penalties

As a result of the serious consequences associated with "Enhancement," it is critical to have a competent, experienced and zealous Minnesota DWI lawyer representing your interests and protecting your rights from the very start.

If you retain my services, I will competently and zealously fight for you and protect your rights throughout the entire criminal defense process.

MN DWI Lawyer | Minnesota Criminal Defense Attorneys

Call Me, Matthew L. Thornton, Esq.: (651) 699-2007