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Minnesota DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Minnesota on
Q: What happens when you blow under the limit at the police station but blew over right after leaving the bar?

You are 21. You got pulled over right after leaving so alcohol was still in your mouth/saliva so you blew over. Once you get to the station you blow under. What happens? Do you still get a DUI or DWI?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 27, 2019

The test at the station controls charging for the most part. You may ultimately not be charged with a DWI if you were below the legal limit on the Datamaster test. But there could be other offenses that might be applicable under the circumstances depending on the reasons that you were pulled over.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: I blew .08 and was discovered in my parked car. Can they really give me a dwi/dui?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 11, 2019

Yes. If you had the keys you were likely in physical control of the vehicle. But that doesn’t mean that you will be found guilty or get a conviction on your record. Get an attorney to help you.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I feel I was coeherced in taking a plea agreement can I take back that plea

I had a public defender, he got upset about going to trial, he started to tell me things about my case he said he knew as evidence, I believe he made up to scare me into taking the plea. So I did take the plea, but now regret it

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 10, 2019

Public defenders don't "make things up" to get people to take plea deals. They give honest advice on what they believe you should do in terms of taking an agreement or going to trial. It is then up to you decide how you want to move forward. You could certainly seek to withdraw... View More

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I tell my lawyer something pertaining to my case does my lawyer have to tell the court

My lawyer told me he has to bring what I said u in court,isn't that against lawyer-client confidentiality

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 10, 2019

That's impossible to answer for certain without details. A question like this is very fact-specific and can't be answered with so little information.

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for Minnesota on
Q: How do I prove that police tampered with evidence

It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 9, 2019

It’s unclear what you are charged with or what the video is supposed to depict. You need to be represented if you are charged with a crime. Get an attorney.

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1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Removal of warrant possible? Probation Violation/fail to complete dwi class, now sentenced to 30 days. Way to drop it?

I have been told I need to serve 30 days for failure to complete dwi class/madd. A warrant has been issued through Anoka County, Mn. Is there any way possible to see if they will let me not serve the 30 days, I'm in an abusive marriage and my husband has moved my son out of our home and... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 18, 2019

You need to get an attorney on board ASAP. It is unclear where your case is procedurally. Did you admit to the probation violation and fail to turn yourself in? Is there this a warrant for a probation violation and the recommendation from probation is that you serve 30 days in jail? This is all... View More

2 Answers | 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... View 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"... View More

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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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
PREMIUM
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.

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