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Minnesota DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI, Traffic Tickets and Criminal Law for Minnesota on
Q: If you get a driving violation in one state is it legal for another state to take you to court

So the story goes. I get stopped by a cop in MN at around 8pm. The cop asks have I been drinking, being a scared kid I answer that I had a shot of alcohol that very morning, but that was like 12 hours prior. The officer has me step out of the vehicle to do a sobriety test and of course I'm not... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 2, 2022

I'd suggest you call a criminal defense lawyer on the phone to discuss. There are conceivable scenarios where an Iowa court action could in some way relate to a previous DWI stop in Minnesota. When you call a lawyer, you can provide more related information, which will help the lawyer narrow... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: Can you still get a job if you have a active dwi warrant?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 10, 2022

Sure, most jobs aren’t going to do a warrant check. But the better route would be to work to clear the warrant.

2 Answers | Asked in DUI / DWI for Minnesota on
Q: I'm defending a DUI, the arresting officers edited the video evidence of the truth and their wrong doing.

How do I handle this and prove it, I have a witness to most of the lies and edited parts left out.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 19, 2022

You get an attorney. There will be an attorney prosecuting you. Don’t fight this battle alone. It won’t be a fair fight.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: How does a second DUI and a test tefusle work I go I haven't plead guilty to a second DUI yet

They can sieze your car for a second DUI with a test refusal how can they do that if u tecnicly one havee one cause u haven't plead guilty to the second one yet

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 7, 2022

Presumably you have the implied consent license revocation from your first DWI on your record. But you certainly need an attorney to address this issue along with all the other issues that accompany a DWI case.

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Minnesota on
Q: I hit a parked car the other night and fled. I have prior DUIs. How do get car out of impound and avoid criminal charges

I was driving to get dinner 2 nights ago, I dropped my wallet and reached down to grab it, and I grazed a parked car. Minimal damage to the other vehicle, but my vehicle was disabled. There were no injuries. I had a few beers before I drove, and have prior DUIs. If I received another, I would have... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 6, 2022

This is already a bad situation. Don't compound it by falsely claiming that the vehicle was stolen. That isn't going to make things better and likely could result in additional charges for not only hit & run, but also for falsely reporting a crime. The likelihood of getting out of... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Minnesota on
Q: In regards to searching my purse..my purse was in car with the passenger and I was in cop car. For at 10 minutes then

The cop searched my purse and found what appeared to be drugs charged 5th degree possession and 4th degree DUI...2.5 years later the timing is that legal statute of limitations?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 14, 2022

There are two separate issues here. The constitutionality of your encounter with law enforcement. Was the traffic stop legitimate? Was the search of your purse constitutional permissible? Issues along those lines could result in suppression of the evidence against you and dismissal of the... Read more »

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: was violated for probation for the second time I was in outpatient treatment I asked to switch from virtual to in perso

I was unable to continue virtual while waiting she discharged me I contacted probation right away he said to get another assessment done and violated me they want me to do 90 day I already served 22 days I denied violation I have court feb 14 for hearing I did assessment he asked for what should... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 31, 2022

There appears to be a lot missing here. You indicate that you were unable to continue virtual treatment. Why? Have you done another assessment? What were the recommendations? Have you started to follow the recommendation? Doing that would be a good start to avoiding jail time.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Is there any kind of defense for someone getting a dui while fleeing from a domestic assault?

Left home In vehicle to get away from being beat up by partner..then partner called 911 to have police pull her over for drinking and driving. There was a roommate witness.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 21, 2022

You could certainly attempt a necessity defense in a case like this. Ideally the situation is also something the prosecutor would take into consideration and he or she might be willing to dismiss the charges under the circumstances.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: I am from Minnesota and I was put on a 2-year probation for a second degree DUI home state of imposition I have comple

I completed everything except the driving with care and the med impact panel I'm from Minnesota I work full time in healthcare I lost my grandma and my mother just in the last 7 months due to covid plus nine of my residents that have been long term with me I have complied with everything that... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 17, 2021

I would expect that a probation violation might be filed. I’d suggest that you complete the driving with care and victim impact panel ASAP. Additionally, telling the court that you’ve done everything that was asked of you is a bad idea because you haven’t. You haven’t completed the DWC... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My fiancé was charged in Minnesota for a DUI almost a year ago, it will be 1 year next month. They are now telling him

They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 24, 2021

Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Found not guilty of dui but still lost license and car isn't that double jeopardy?

By the time she was found not guilty it was passed the time-line for license reinstatement. From what I understand the arresting officer was fired for lying under oath. I believe someone is culpable and she should be made whole. She has suffered tremendously and is still feeling the after effects... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 28, 2021

The processes for challenging the license revocation and motor vehicle forfeiture is completely separate from the criminal case. She would've needed to file challenges to the license revocation and to the forfeiture far earlier in the process and this would've been laid out in writing in... Read more »

2 Answers | Asked in DUI / DWI for Minnesota on
Q: How much jail time for my first DUI

The first time I’ve heard of jail time for the first DUI. In regards to this matter

William Bailey
William Bailey
answered on Apr 17, 2021

Nobody can answer this. Call a lawyer if you want to know.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I was released on a ROR but no conditions set but to show up for my first court date
William Bailey
William Bailey
answered on Apr 17, 2021

Sounds like you’re looking at jail time. Do you have a question?

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: I plead guilty to DUI in 2016, completed my probation requirements, and my probation has ended yet I "need" interlock??

How is it legal to hold me accountable to a private company in order to regain my driving privileges? I quit drinking 3 years ago, waited 4 years to complete probation, and I'm STILL forced to complete a interlock program that costs thousands of dollars before I can get my license back?! How... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 23, 2021

The license revocation process is entirely separate from the criminal case. So for starters, nothing you would've done in the criminal case would have affected your license revocation. That is requires filing paperwork in a civil matter called Implied Consent. You do not have a... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Adult son drove car and got pulled over for DUI

Q: We were out of the country (rare vacation). My 20 year old son drove our car without permission, he has his own car.

He was pulled over for speeding. He was found to have a case of beer on the front seat and a BAC of .16. Is a lawyer even worth the time and expense on this. We want to... Read more »

William Bailey
William Bailey
answered on Mar 12, 2021

He absolutely needs an attorney. The prosecutor won't help him and the very high BAC could mean very serious consequences.

2 Answers | Asked in DUI / DWI for Minnesota on
Q: We were out of the country (rare vacation). My 20 year old son drove our car without permission, he has his own car.

He was pulled over for speeding. He was found to have a case of beer on the front seat and a BAC of .16. Is a lawyer even worth the time and expense on this. We want to get him help but not punished without a purposeful meaning.

Currently it is a 3rd degree offense, 1st time caught.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 12, 2021

Absolutely he needs an attorney. His rights should be protected and the prosecutor isn’t going to do that for him. Your son is potentially going to deal with long term consequences. Better to have an attorney to help minimize those consequences.

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3 Answers | Asked in Criminal Law, DUI / DWI and Arbitration / Mediation Law for Minnesota on
Q: Hi, I am having issues with fulfilling my community service hours due to COVID

I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 24, 2020

I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... Read more »

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I was arrested for a DUI over a year ago. I gave up my license for a year. What are the reinstatement requirements?

First offense. First ticket ever, actually. I am not sure if I need to bring my court paperwork and paperwork from the program, both inpatient and outpatient I went to. It is impossible to find out what I need to do. I found one site that says completed court requirements, but I am on self... Read more »

William Bailey
William Bailey
answered on Nov 22, 2020

You are confusing the criminal court requirements and the license requirements. Contact the department of public safety and they can tell you how to reinstate.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: I am Scheduled to turn myself into jail for two days in a month. Can I go sooner?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 5, 2020

Yes, you should be able to turn yourself in earlier. The turn date is usually a deadline as opposed to a date certain. I would contact the appropriate jail and let jail staff know that you would like to turn yourself in early. That should not be a problem for you.

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