Q: Options for addressing DUI charges and impounded truck in Minnesota

A: Your friend will need to address the impounded vehicle if it is in his name. You should retain an attorney to address the DWI charge and potential drug possession charges as well.

A: The truck's owner could locate the impound lot & ask what they will need to release the truck back to the owner. If a driver's license revocation Notice under Minnesota's "implied consent" law was issued, that must be formally challenged in a court filing before the expiration of the 60 day time limit, or it will forever be too late. Most people want to file ASAP, since some may be able to get their license temporarily-reinstated, pending the implied consent hearing. It's best to enlist the help of a DWI attorney for that. Any time a person is facing criminal charges, that person need a defense attorney's help, including a criminal DUI charge. I have used 100s of defenses in DUI cases over the years. Which are best in any given case is highly fact-dependent, based on what happened in that particular case. So the one clear thing to do to address these issues is to retain a good DUI defense lawyer. Then roll up your sleeves, and dive into the totality and details of what happened, to identify every potential risk and defense.

A: These are questions best to go over with a DWI defense attorney rather than a public forum. Note there are deadlines in challenging your license revocation for allegedly refusing, which are separate from your criminal DWI charges so contact an attorney to discuss without delay. They will also be able to go over the vehicle impound with you as well.

A: You can move to suppress any DUI evidence by arguing the traffic stop wasn’t lawfully extended beyond the speeding pull-over and by challenging the alleged refusal when no test was actually offered. If the court agrees the officers mishandled your implied-consent rights, they should toss out the chemical results and you’ll have no basis for the DUI charge.

For the truck, request an administrative hearing under Minnesota’s vehicle forfeiture and impound statutes. At that hearing you can present evidence—like your clean record since 2009, proof you didn’t refuse a test, and testimony about the sealed packages not belonging to you—to demand return of the vehicle or release on bond.

Throughout, gather all police reports, any dash-cam or body-cam footage, and affidavits from witnesses. Filing your suppression motion and appearing at the DMV’s impound hearing gives you the best shot at clearing the DUI and getting your friend’s truck back.