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Minnesota DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: can I request a different judge if I feel his judgement is affected by something that happened in his personal life?

I am being charged for a DUI. I contested the stop and there was evidence on video of the headlight not being out and one being brighter. In the officers statement, they could not remember anything specific about the arrest, could not remember what headlight it was and they also stated that because... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 22, 2019

You typically cannot file a removal request once the judge in your case has made substantive decisions in your case. Ultimately, you have a right to appeal the Court's decision on appeal if you lose the case. FYI, the fact that someone is described as an "assistant public defender" does not mean... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: who do you contact to have a MN DL suspened for an UI in WI? person has lived 8 yrs in WI but just renewed MN lic?

A PERSON living in WI for 8 yrs, has WI vehicle plates and WI business, but still drives w a MN DL who has no home in MN but has a business in MN but does not live or go to business maybe 30 days a year.

said person gets a WI OUI with a minor in vehicle with a breathlizer done 3 to 4 hrs... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 22, 2019

If you have lived in WI for 8 years, you should have long ago gotten a WI license. But that is a separate issue. WI will suspend your privilege to drive in WI. MN will then honor that suspension. So your MN license will get revoked. You will have to go through the process of getting your... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Minnesota on
Q: Can I be arrested for DUI,if I wasn't driving? And I didn't get pulled over by a cop,they came 1/2 hour later
Thomas C Gallagher
Thomas C Gallagher answered on Jun 10, 2019

I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled... Read more »

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and DUI / DWI for Minnesota on
Q: If a cop gets info.from another person that I was driving my car home drunk from the bar,is it legal for the cop .

That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.

Thomas C Gallagher
Thomas C Gallagher answered on Jun 5, 2019

As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI case.... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law, DUI / DWI and Civil Rights for Minnesota on
Q: can you have your license revokes if cops didnt pull you over?

cops didnt see me driving going on hearsay that i was, then came to my house arrested me towed car didnt read me right i did field sobriety test they said i refused it but they have levels from test, i bailed out of jail 1200.00 dollars now they gave me a notice of order of revocation,i wasnt even... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 5, 2019

Most DWI arrests follow a traffic stop by police. But not all. Some few follow a police contact at the arrested person's home. And some follow events that do not include police observation of driving. However, often DWI cases where the police do not observe driving, operating or control of a... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: I just found out i have warranty on me for probation violation...

I was in probation for refusal to take a test ...i was arrested for second refusal but i went to jail and released...but they never took me to court or never received a sammon to court date ...that is 31/2 yrs ago...i think my probation violation comes from that but still i didn't know anything... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Mar 31, 2019

When a probation officer alleges that a probationer violated a condition of a stayed sentence, he or she can ask a judge to sign an Arrest and Detain Order. This is the functional equivalent to an Arrest Warrant. The main purpose of either is to get the named person into custody. A secondary... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: 15+ years ago had dwi what can I do now to reinstate it
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 23, 2019

I’m assuming you mean reinstate your driver’s license. The best way to find out your exact requirements is to report to the DMV next week. They can give you all particular information you need.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: I was wondering about the statute of limitations on a DWI I got about 4 years ago.

I was arrested one night and charged with DWI and bailed out the next day. I appeared at my sentencing hearing and was sentenced the usual 30 days jail time, $1000 fine, probation, etc.. I was given 30 days to start my jail time and never turned myself into jail. It has been about 5 years since,... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 20, 2019

You will need to handle the charge. Waiting will just result in getting arrested. You will likely face additional penalties because of the warrant.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: I was pulled over for das and now I am facing dui and mire, this is my first run in with the law besides traffic are my

5th degree controlled substance, 4th degree dwi , drug paraphernalia, no insurance and driving after suspension are my list of charges

Luke Neuville
Luke Neuville answered on Mar 5, 2019

So you may have some defenses/legal challenges available but each case must be reviewed independently. You have the right to review all evidence against you and file Omnibus motions to challenge the admissibility of evidence in your case. Of course you have the right to a trial as well. I would... Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for Minnesota on
Q: I am an asylee living in the US since 2001. I have been convicted of DUI felony. I need to change my status to green car

I am an asylee living in the US since 2001. I have been convicted of DUI felony. I need to change my status to green card. How hard is it?

Kelli Y Allen
Kelli Y Allen answered on Feb 1, 2019

I suggest hiring an immigration attorney to assist you with the adjustment of status process. If the DUI is the only thing on your record, it should not be an issue.

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: hi, i was in court today for a first appearance. upon check in with court clerk, i was given a book and release

this was from a closed case back in 2001 where i was already booked at the local police department and released back in 2001. just wondering why i would be booked for this again and is this even legal.

Thomas C Gallagher
Thomas C Gallagher answered on Jan 30, 2019

Hard to say without being there, or knowing anything about the specifics. You could have asked a judge to review that request. The judge might have ordered it not necessary. But it sounds like you already did it.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: My boyfriend drove my car drunk and got in an accident. Will that affect my car insurance?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 3, 2018

No. The insurance is affected by the person driving the vehicle - ie. your boyfriend, rather than the fact that the vehicle was involved in an accident.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Are there any "extreme circumstances" or "emergency" defenses for drunk driving?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 9, 2018

That is an extremely vague question, but the general answer would be no, there are not. But you should speak with an attorney about your specific circumstances to see if it might meet some exception.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Are there heightened standards for drunk driving around the holidays?
Joseph A. Gangi
Joseph A. Gangi answered on Oct 29, 2018

The legal standard is the same regardless of that time of year it is. However, DWI may be more heavily enforced during peak time periods.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Can a officer arrest you for simply being in an area known for drug activity nd charge you with a DWI though your sober.

The officer did not pull me over he simply pulled up to the pump behind me I was already stopped. He approached me and asked me if he could ask me a few question I said "yea. But why did I do something wrong." He answerd "no". Then proseeded to ask for my lisence and registration . eventually he... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 2, 2018

No. In order to arrest you, police would need probable cause to believe that you had committed a crime. In the context of a DWI, police would need evidence that you had driven, operated or been in physical control over a motor vehicle while you were under the influence of alcohol or another... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Stopped after OAR 4+times refusal for drug / alch test. Missed court date, warrant issued . How much jail time?
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 28, 2018

I'm not sure what OAR 4+ times means. A DWI test refusal and the punishment is dependent upon how many DWIs you might have. There is no mandatory minimum on a first time test refusal (if you do not have prior DWIs). The mandatory minimum if you have a priors within 10 years is as follows:... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Can I still get a DUI for having a BAC below the limit but if a cop sees me swerving?
Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

Yes. If the officer believes you were driving while under the influence of alcohol, he can charge you with DUI.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Minnesota on
Q: My friend got his license taken because of a alcohol related offence but he never got charged with the offence

He was charged with a offence but it was not alcohol related it was one of the initial charges but they dropped the one charge an it had nothing to do with alcohol but they still took his licence

Thomas C Gallagher
Thomas C Gallagher answered on Sep 20, 2018

In Minnesota we have a law commonly called the "implied consent law." It allows the government to administratively revoke a person's drivers license if a police officer claims to have arrested the person on probable cause DUI and then the person either refused a chemical test for alcohol or their... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: 0.5 grams of marijuana was found in my car and my license was revoked. I was convicted of intent to sell/possession.

Can I fight this in court? This is my first offense with anything drug/alcohol related. I wasn’t under the influence neither had intent to sell. Only trace amounts were found. Additionally, I was pulled over for failure to turn off my high beams in time while passing the oncoming officer. I... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 20, 2018

These all would have been legitimate questions to ask before paying the fine. But by paying the fine, you essentially pleaded guilty to the charges. I do not see that you have a legitimate basis to withdraw your guilty plea. So you are likely going to have to deal with the consequences.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Does your state of intoxication have anything to do with the severity of your DUI charge? Does the punishment get worse

the drunker you are?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 6, 2018

Yes. In Minnesota, 0.8 to .15 is typically a misdemeanor offense. If your test is .16 or higher, the charge becomes a gross misdemeanor, even if you do not have prior DWI's/

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