| Understanding the Ramifications of an Arrest for | | | | officer initially pulled you over for (speeding, |
| Driving Under the Influence | | | | weaving, etc.) does not mean that the DWI |
| Were you recently arrested for driving under the | | | | charge is invalid or that you cannot still be |
| influence? While you may still be recovering from | | | | prosecuted for the more minor offense. Also, the |
| the shock of your arrest, there are a variety of | | | | fact that you may have been charged with |
| legal considerations that are critical to understand. | | | | crimes falling outside the DWI statutes does not |
| This article will assist you in navigating Minnesota | | | | mean that you are likely to escape additional |
| DWI laws and emphasize some of the things that | | | | consequence for those. For example, in addition to |
| you need to know immediately. | | | | DWI offenses, you may be charged with |
| DUI or DWI? | | | | something such as Fleeing a Police Officer or |
| There is often confusion about the actual charge. | | | | Leaving the Scene of an Accident or Driving |
| That's because Minnesota DWI laws have | | | | After Cancellation. In these situations, you are |
| changed several times in the last decade. | | | | facing separate, additional sentences of |
| Originally, the statute about drunk driving was | | | | incarceration and/or other punishment. An |
| entitled "Driving While Intoxicated". The state | | | | experienced DWI attorney will know whether the |
| legislature believed that this placed an | | | | law allows the sentences for such other offenses |
| extraordinary burden on the police to prove guilt | | | | to be served consecutively (one after another) or |
| beyond a reasonable doubt. Therefore, the | | | | concurrently (punishments running "at the same |
| statute was changed to "Driving Under the | | | | time"). |
| Influence" (DUI). Again, the legislature changed the | | | | Should I Fight? |
| statute in 2001, stating that the wording continued | | | | People may tell you that it is no use fighting a DUI |
| to make the charge too difficult to prove. The | | | | charge. Indeed, whether or not you believe that |
| crime is now termed "Driving While Impaired" | | | | you are guilty of driving while impaired, your |
| (DWI). While the terms DUI and DWI are used | | | | prosecution may seem very "cut and dried" to |
| interchangeably, the correct term is "Driving While | | | | you. However, understanding the nuances of DWI |
| Impaired" (DWI). At any rate, you can see from | | | | law is a very complex process. There are criminal |
| these "title changes" that the State of Minnesota | | | | consequences and civil ones as well. Most |
| is very serious when it comes to prosecuting | | | | non-lawyers --- and even "non-DWI" lawyers --- |
| such offenses. | | | | do not understand that there are two (2) |
| Multiple Charges? | | | | separate legal "arenas" involved n a DUI. Each has |
| Following your arrest for driving under the | | | | differing standards of proof and legal issues, |
| influence, it is likely that you were actually charged | | | | although there is "overlap". An expert attorney |
| with many different DWI-type violations. You | | | | with experience in DWI defense can help you |
| may be wondering why it was necessary to | | | | immeasurably in each arena. You are no doubt |
| charge you with multiple counts. Essentially, | | | | facing the loss of your license, jail time, a criminal |
| Minnesota DWI laws allow each count to be | | | | record, probation, court-ordered education, |
| viewed as a method of committing a violation. | | | | treatment, etc. and thousands of dollars in |
| When it comes to the sentencing phase of the | | | | increased insurance costs. Many people lose their |
| process, these charges are used to determine the | | | | very livelihoods as the result of a DWI. |
| length and severity of the sentence, as well as | | | | A zealous attorney will defend you and investigate |
| whether the charge is a misdemeanor, a gross | | | | the actual driving under the influence arrest. Did |
| misdemeanor, or a felony. | | | | the police have constitutional grounds for the initial |
| At the time of arrest, you were probably charged | | | | stop? Was there probable cause for a DWI |
| with one or more of the following: | | | | arrest? Were you properly advised of your |
| 1. Driving While Impaired (DWI) | | | | rights? Experienced attorneys will also ascertain |
| 2. Blood Alcohol Concentration (BAC) over .08%. | | | | whether the testing was accurate or in any way |
| 3. Blood Alcohol Concentration (BAC) over .08% | | | | hindered by the police. |
| within 2 hours of driving; or | | | | Whether this was a one-time bad decision in your |
| 4. Refusal to submit to testing. | | | | life or yet another crisis as the result of continuing |
| At the time of sentencing, a person can only be | | | | bad decision-making and/or chemical dependency, |
| convicted of one of the above offenses. The | | | | an experienced DWI attorney will be able to help |
| other offenses will be dismissed. The fact that | | | | you immeasurably. |
| you were not charged with the violation that the | | | | |