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Minnesota DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Minnesota on
Q: How long will my DUI be on my driving record? How can I remove it?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 10, 2024

The short answer is that it is on your record forever. I've seen folks with DWIs on their records going back to the 80's and even the 70s. DWIs can used to enhance future DWIs for 10 years. The likelihood that you could get a DWI expunged from your record before 10 years have expired... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2024

She should get help from a private criminal defense attorney, or a free public defender, if she qualifies. Then she can work with her lawyer in developing effective defenses, and factual information. On the driver's license issue, she may want to call a "Driver Evaluator" at the... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 8, 2024

In Minnesota, the license revocation process is a separate civil process from the criminal charges. A license is revoked immediately upon a breath test over the legal limit or a blood/urine test that shows a prohibited substance on board. She can apply for a public defender to represent her in... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: looking to hire a lawyer to help with my driver's license and dui charge. What is the typical cost/ retainer for this?

I am needing representation for a dui charge that has not been brought up yet, but I have lost my license. The officer's in this case did not follow the laws and have a history of harassment. I passed the field sobriety test, and afterwards another officer showed up saying he believed i was... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 5, 2023

Your best best may be to reach out directly to criminal defense attorneys. Fees are going to vary some, especially for somewhere outstate like Becker County. Attorneys that have offices towards the Cities are likely going to have to charge for windshield time, especially if there are in person... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: recently lost my DL due to test results that came back positive, what is the next step to getting my license reinstated?

I was parked in a gas station parking lot when an officer pulled in behind me activating his lights, he claimed he was pulling me over for a loud muffler. I did in fact have an exhaust leak. The officer stated my eyes were red ( explained due to the exhaust leak) he asked me to take a field... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 26, 2023

If police give a person an administrative Notice of Revocation of driver's license, then it's important to file an "implied consent" court challenge to it, within the 60 day time limit (or it will be forever barred). However, most will want to do so ASAP, since the sooner the... View More

2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Likely possible that my 2nd 5th degree charge and Dui offense after having a adjudication sentenceing placed

15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 13, 2023

Your question is a tad confusing, but it's fair to say that if you committed a 2nd 5th Degree assault 15 days after you were sentenced on a prior matter that you have big problems. If you are convicted of the new offense, you would be in violation of probation. I can only assume that you... View More

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2 Answers | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Likely possible that my 2nd 5th degree charge and Dui offense after having a adjudication sentenceing placed

15 days after the adjudication sentenceing I received a 2nd 5th degree and Dui charge but had started completing requirements of getting probation officer and starting treatment iv completed some of treatment that granted me lower my risk assessment to minimal and have passed required urine test... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 13, 2023

A person who picks up a new, similar charge following sentencing on a first Controlled Substance 5th Degree offense, will be in a tough situation. The most likely outcome on the stay of sentence on the first conviction, would be the judge revoking the stay. But, each case is different and... View More

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: Fight DWI license suspension

My son was pulled over for having an air freshener hanging from his rearview mirror...which led to "have you been drinking"...which led to "please step out of the car". They administered field sobriety and breath tests. Did 2 more breath tests at the police station. .09 was... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 13, 2023

It might be. Law enforcement is not required to read him his rights to run him through field sobriety testing and the implied consent advisory is not required prior to the PBT. An implied consent advisory would be required prior to a request for a breath sample. Your son should contact... View More

2 Answers | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: I was charged with a DUI refusal in MN, 8 months later the case was dismissed. How can I get my license reinstated?

The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 3, 2023

It sounds as if you did not challenge the implied consent revocation of your driver's license. The time frame to do that has long since expired. You now have an alcohol related driver's license revocation on your driving record. You will need to pay the reinstatement fee and meet all... View More

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2 Answers | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: I was charged with a DUI refusal in MN, 8 months later the case was dismissed. How can I get my license reinstated?

The month the case was dismissed was when they revoked my license. After talking with court administration, they stated they never sent anything to the DMV regarding my license. How can I get my license reinstated without paying the DUI fine of $680. I do not have a DUI on either my criminal record... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 2, 2023

Unfortunately, Minnesota has an "implied consent" law, that allows the state to administratively revoke the driver's license upon an alleged chemical test refusal (separate and in addition to the DWI-criminal law). That statute requires any legal challenge to that administrative... View More

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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: Does State Patrol have training material that states heat bumps on the back of someone's tongue indicate drug use?

If so is this recently recognized by the scientific community as factual information?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 11, 2023

To my knowledge, the answer is "no." The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law... View More

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... View 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... View More

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I am trying to help my client get his license in Minnesota and he h as outstanding DUI's in different states

M client has a few DUI charges in different states and a warrant in a different state. He is trying to get his license in MN and these charges are back 10-15yrs.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 21, 2024

There isn't really a question posed here, but I would suggest that your client retain an attorney to assist with addressing these issues. There isn't really enough information in this question to intelligently help absent a conversation with the client.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: I am wondering what the number is after the statute 169A. 20. I have a “1 (2)” after the statue number.

I want to write my state representative about the situation that I am in and need to know what those numbers stand for so my letter to him is one that I and he understand.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 13, 2022

That is a reference to subdivision 1(2) of the DWI statute which is Minn. Stat. 169A.20.

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... View 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... View 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... View 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... View More

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