A DWI/DUI charge can be a devastating. If charged with a DWI/DUI you can be facing amandatory jail sentence, license loss, treatment costs, loss of your vehicle and increased vehicle and life insurance premiums.
A DWI case consists of two distinct but intertwined cases; an implied consent and a criminal charge.
An implied consent is the civil version of a DWI. The implied consent focuses on license loss and license plate impoundment. Due to the fact that it is civil in nature a public defender cannot represent you in this case. For many people the implied consent and possibility of a license loss has more repercussions then a criminal conviction. A test of over .16 will result in a more severe punishment including longer license loss and plate impoundment.
Due to time lines to file your implied consent it is important to contact an attorney immediately.
When being charged with a DWI, the State will file multiple changes. One of the charges will be an under the influence charge. This means that the arresting officer believes, based upon their training or experience that the defendant was under the influence when driving the motor vehicle. The State attempts to prove this charge by using the officer’s observations of the odor of alcohol and performance of standard field sobriety tests.
The other charge is the over .08. In this charge the State would need to prove that the driver of the vehicle had a blood alcohol concentration of over .08 taken within two hours from the time of driving. This is done by the Defendant submitting to either a blood, breath or urine test when arrested. If the test results are over a .20 the charge will be enhanced, meaning the charges will have the possibility of a harsher punishment and a longer jail term.
If a test is not taken, a Defendant will be charged with test refusal. A person can also be charged with a refusal, if the officer does not believe they are actively trying to submit a breath sample into the DataMaster, essentially faking it, or if the two samples are not within one-one hundredth of .08.
Minnesota has set mandatory sentences for repeat DWI offenders. They are as follow:
- 2nd DWI – 30 days executed jail sentence with a minimum of 48 hours consecutive
- 3rd DWI – 90 days executed jail sentence with a minimum of 30 days consecutive
- 4th DWI – 180 days executed jail sentence with a minimum of 30 days consecutive
- 5th DWI – 365 days executed jail sentence with a minimum of 60 days consecutive
* If you are on probation for a related DWI offense, sentencing is consecutive rather than concurrent.
Contact a Mankato DWI Lawyer Today
There are many defenses to a DWI charge. You need an attorney that is knowledgeable and is willing defend your rights from the arrest all the way to trial. The attorneys at Rosengren Kohlmeyer are committed to fully representing your interests and fighting for the best possible outcome in your case.
Contact our office for a free initial consultation to discuss your case.