DUI/DWI

The Suppression Hearing

If your Minneapolis DWI defense lawyer believes that certain evidence should be suppressed, then he or she may request a suppression hearing, in Minnesota this is called an Omnibus Hearing. At this hearing, the court may suppress any evidence that was gathered in a violation of your rights.

If you are arrested for a Minnesota DWI, you may face serious penalties that include fines, a drivers' license revocation, license plate impoundment, vehicle forfeiture and the possibility for jail time. You may be able to fight your Minnesota DWI charge to avoid these penalties. Therefore, it is important to know what happens after a Minnesota DWI, and what will be required of you.

If you have questions about how to handle your charge, you can get the professional advice of a Minneapolis DWI defense lawyer.

Errors in more than 100 Driving While Intoxicated cases at a local crime lab resulted in the lab reporting too-high levels of blood alcohol, a local online news source recently reported. The scandal points up the importance of having a dedicated criminal attorney mount a vigorous DWI or DUI defense if you are accused of this crime.

As Minnesota online news service ABCnewspapers.com reported, personnel at the Anoka County Sheriff's Office tri-county crime lab -- which also handles cases for Wright and Sherbourne counties -- made a math error in calculating blood alcohol in 111 cases. The error inflated blood-alcohol levels in tested urine by about one-third.

If you are convicted of a DUI/DWI charge, you may face not only jail time and large fines, but also administrative penalties such as a revocation of your license and the forfeiture of your motor vehicle.

In Minnesota, if you are arrested for DWI/DUI under certain circumstances, the arresting police officer has the right to seize your vehicle at the time of the arrest. If your vehicle is seized, the prosecuting attorney can then serve a notice of intent to seek a forfeiture of your motor vehicle.

Do Be Cooperative and Polite.

No one appreciates being stopped by the police. However, when dealing with an officer, you should do your best to be cooperative and polite. Antagonistic or hostile behavior will only irritate the officer and may work against you if your case goes to court.

Don’t Answer Any Questions Other Than Your Name and Address.

Answering questions without a lawyer present is never a good idea. Anything you say could be construed in a negative light and/or used against you in court. You should provide the officers with your name and address when they ask for it, but do not answer any other questions.

In Minnesota, the charges and penalties associated with a DUI/DWI conviction depend upon a number of factors.  These factors are called “aggravating factors” and they influence your case by subjecting you to harsher charges, sentences and/or mandatory minimum sentences. These “aggravating factors” include having a prior conviction for DUI/DWI in the past ten years, a prior driver’s license revocation due to a drinking and driving violation in the last ten years, a BAC of over .20, refusal to test, or driving with a child under the age of 16 as a passenger.

If you have been arrested on a DWI/DUI charge, you most likely received a "Notice and Order of Revocation" from the arresting officer. This form notifies you that your license is in the process of being revoked. Unless you request a hearing, often referred to as an Implied Consent hearing, within 30 days of receiving this notice, your license will be revoked.

Under Minnesota law, you have the right to request an Implied Consent hearing to challenge the state's right to revoke your license. In order for the court to accept your request for a hearing, the request must be in writing and must be filed with the court within 30 days of your arrest.

Under Minnesota Statute 169A.51, Subdivision 1, it is a crime for "any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state" to refuse to take "a chemical test of that person's blood, breath, or urine for the purpose of determining the presence of alcohol, a controlled substance or its metabolite, or a hazardous substance."