Minneapolis Drunk Driving Lawyer

Drunk Driving Attorneys

Getting in a dangerous or deadly car accident is devastating. But when the driver of that vehicle was drunk, it was like adding insult to injury. Every state in America has recognized the danger of drunk drivers and made it illegal to drive while intoxicated. Despite these laws, 10,265 people died in alcohol-related DUI car accidents nationwide in 2015. In the last ten years, drunk drivers have caused an average of six fatal DUI car accidents per year just in Minneapolis.

If an inebriated driver gets in an accident, the victim may sue using the same evidence available in the criminal trial. In a civil case against a drunk driver, your Minneapolis auto accident attorney must prove that the person was drunk and then argue the DUI accident claim to get compensation for property damage, injuries, or deaths.

Levels of DWI Charges in Minnesota?

Minnesota categorizes DWI charges into four levels, with the severity escalating based on specific circumstances. The levels range from a Fourth-Degree DWI, which is the least severe, to a First-Degree DWI, which carries significant penalties and is treated as a felony. Each degree is influenced by factors such as prior offenses, the driver’s Blood Alcohol Concentration (BAC), and the presence of aggravating conditions.

• Fourth-Degree DWI (Misdemeanor): This is typically a first-time offense with no aggravating factors. A BAC of 0.08% to less than 0.16% falls under this category. Penalties include up to 90 days in jail and a $1,000 fine.
• Third-Degree DWI (Gross Misdemeanor): This applies to cases where there is one aggravating factor, such as a prior DWI conviction, a BAC of 0.16% or higher, or the refusal to take a chemical test. The penalties include up to one year in jail and a $3,000 fine.
• Second-Degree DWI (Gross Misdemeanor): This charge involves two or more aggravating factors, such as multiple prior offenses or a high BAC coupled with a refusal to submit to a chemical test. Drivers may face mandatory alcohol education programs and an ignition interlock device (IID) requirement.
• First-Degree DWI (Felony): This is the most serious level, reserved for drivers with three or more prior offenses within ten years or those with a history of felony DWI charges. Penalties can include up to seven years in prison, fines of $14,000, and long-term license revocation. According to Minnesota law (Minn. Stat. §169A.52), any refusal to take a breath, blood, or urine test can further aggravate the charge.

Having a Minneapolis drunk driving lawyer is critical for understanding the severity of your charge and building an appropriate defense strategy to protect your rights and reduce penalties.

How to State a DWI Defense?

A strong DWI defense begins by identifying flaws or inconsistencies in the prosecution’s evidence and ensuring that law enforcement follows proper procedures. The most effective defenses are tailored to the specifics of the case, often challenging the validity of the traffic stop, the accuracy of chemical tests, or the administration of field sobriety tests.

Some common DWI defenses include:

• Illegal Stop: Law enforcement must have reasonable suspicion or probable cause to pull you over. If the stop was arbitrary or lacked justification, the evidence obtained during the stop may be inadmissible.
• Faulty Breathalyzer Test: Breathalyzers can produce inaccurate results due to improper calibration, maintenance issues, or interference from certain substances like medication or mouthwash.
• Improper Administration of Sobriety Tests: Field sobriety tests must be conducted in strict compliance with standardized procedures. Poor lighting, uneven surfaces, or physical impairments can lead to false results.
• Medical Conditions or Errors: Conditions like acid reflux, diabetes, or even the presence of ketones in the body can lead to falsely elevated BAC readings.
• Challenging the Chain of Custody: If the prosecution cannot establish a clear chain of custody for blood or urine samples, the evidence may be dismissed.

An experienced Minneapolis drunk driving lawyer will thoroughly investigate the circumstances of your arrest and leverage these defenses to strengthen your case. For example, Minnesota’s implied consent law requires that drivers are properly informed of the consequences of refusing a chemical test (Minn. Stat. §169A.52). If this advisement was not provided, the results of the test could be excluded from evidence.

What to Do if You Are Involved in a Drunk Driving Accident?

If you are involved in a drunk driving accident, whether as the accused driver or as a victim, your actions immediately following the crash can significantly affect your legal standing. Here are essential steps to follow:

1. Ensure Safety and Call 911: Check for injuries and seek immediate medical attention for anyone involved. Inform the dispatcher of the accident’s location and any visible damage or injuries.
2. Exchange Information: Provide your name, contact information, and insurance details to the other party involved. Avoid discussing fault or admitting liability, as this can be used against you later.
3. Document the Scene: Take photographs of the vehicles, injuries, road conditions, and any visible evidence like skid marks or broken traffic signs.
4. Cooperate with Law Enforcement: Answer basic questions truthfully but avoid volunteering unnecessary information that could be misconstrued.
5. Contact a Lawyer Immediately: Whether you’re facing potential DWI charges or seeking compensation as a victim, contacting a Minneapolis drunk driving lawyer is crucial to protecting your rights.

In cases where alcohol consumption was involved, Minnesota law requires additional reporting and potential chemical testing. According to the Minnesota Department of Public Safety, refusing a test can result in an automatic license suspension under implied consent laws, even if you were not at fault in the accident. A skilled attorney can guide you through the legal process, ensuring your rights are upheld and that you take appropriate steps to mitigate the consequences.

Can My DWI Case Be Headed for Trial?

Yes, your DWI case may be headed for trial if a resolution cannot be reached through negotiation, or if the evidence is contested. Most DWI cases in Minnesota are resolved without trial, often through plea agreements or dismissals. However, certain situations make a trial more likely.

Here are common scenarios where a DWI case could proceed to trial:

• Disputed Evidence: If your attorney challenges the validity of breathalyzer results, field sobriety tests, or the legality of the traffic stop, and no settlement is reached, the case may require a judge or jury to decide.
• Severe Penalties or Repeat Offenses: In cases involving felony charges, prior DWI convictions, or aggravating factors like a high BAC, defendants may choose to take their case to trial to seek a better outcome.
• Refusal to Plead Guilty: If you maintain your innocence and refuse to accept a plea deal, your case will likely proceed to trial.
• Prosecutorial Overreach: If the prosecution is unwilling to negotiate or seeks overly harsh penalties, a trial may be the best course of action.

Trials can be intricate, often requiring expert testimony and a detailed examination of the evidence. A Minneapolis drunk driving lawyer can assess your case and determine whether a trial is in your best interest. By carefully analyzing police reports, test results, and witness statements, they can develop a compelling defense strategy to present in court. Moreover, Minnesota law (Minn. Stat. §169A.52) safeguards that your attorney can leverage, such as identifying procedural errors in how the implied consent advisory was administered.

Our Minneapolis Drunk Driving Attorneys can review your legal options following a DUI

Victims of drunk drivers cannot rely on criminal charges to provide restitution for the crime committed. They must hire a Minneapolis drunk driving lawyer to file a lawsuit against the drunk driver.

Additionally, the victim can file a lawsuit against the facility that provided the drunk driver with alcohol. If a person was under 21 or plainly drunk already, the bartender should not have served him or her alcohol, making the establishment partially responsible under our state’s dram shop law.

An experienced Minneapolis drunk driving attorney can be critical in gaining reimbursement for medical expenses, property damage, loss of wages, punitive damages, and more. If you were the victim of a DUI car accident in Minneapolis, MN, stand up for your rights. Contact The Schmidt-Salita Law Team to schedule your free case evaluation with an experienced Minneapolis DUI car accident attorney.