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Minnesota DUI / DWI Questions & Answers
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... View 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... View 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:... View 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... View 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... View 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/

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Is an IID mandatory after a DUI first offense?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 20, 2018

I assume by IID, you mean ignition interlock device. It is not mandatory unless you blew over a .16.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Minnesota on
Q: Throwing out a minor while driving ticket?

I got a minor while driving citation in MN. The ticket has my info on it, the reason I got the citation, but no fine amount or court date. What would be the next step?

Also, it doesn't have checked that I took a breath test or not and no number is listed as the result. That whole... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 15, 2018

It's not likely that a judge would dismiss a criminal charge for a citation not completely filled out. I'd suggest checking the court's website mncourt.gov "access court records" page using the citation number to see if or when the police officer sends it in to the court.... View More

1 Answer | Asked in DUI / DWI for Minnesota on
Q: How do I go about taking care of a DWI charge in another state?
Lucas Wynne
Lucas Wynne
answered on Apr 5, 2018

Call a lawyer in the state where the DWI occurred.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If you have a dwi and are supposed to get whiskey plates but don't. Is that better than using someone elses plates

If I get pulled over and should have whiskey plates but did not get them versus being pulled over with someone else plates

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 14, 2018

If you are required to have whiskey plates, you should get whiskey plates. Its a pretty straight forward answer.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: I am charged with DUI & had 2 DWI's 30 & 28 yrs ago. will my past 2 be looked at in court & effect outcome

I live in minnesota & all are in Hennepin County. what can I expect to happen & should I retain a public defender?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 14, 2018

There is a ten year look back period in Minnesota for enhancement of DWI's. Your two priors are too long ago for them to make this one more serious. I would expect that you are looking at time served with an alcohol assessment and a requirement that you follow the recommendations. You will... View More

1 Answer | Asked in DUI / DWI for Minnesota on
Q: What are the punishments for second time offenders?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 2, 2018

Depends on the circumstances. The mandatory minimum is 30 days with 2 in jail and 28 days on an alternative such as electronic house arrest or community service. Most counties require a fine, an alcohol problem assessment, and attendance at a victim impact panel. The punishment can go up from... View More

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If the Judge dropped my DUI, do I still have to pay the reinstatement fee? It’s been 7 months since my suspension.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 20, 2018

Yes. The license revocation and criminal charges are two separate processes. Even if you successfully challenge the criminal charge, you have to separately challenge the driver's license revocation. If you do not, you are S.O.L. and have to pay the reinstatement fee.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Got a DUI last year in MN (its been over a full year), and my license is revoked, however, I do not live in MN.

So, I want to get my license (in my current state) - if I get a license in Michigan, and then drive through MN, will I be breaking any laws?

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

Most states will generally honor the validity of a another state's license and/or suspension. There are likely hoops you will have to jump through in Michigan to get a valid DL. However, I would contact Minnesota after you have a valid Michigan license before you drive through Minnesota.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: What is the penalty for underage drunk driving?
Luke Neuville
Luke Neuville
answered on Feb 9, 2018

Where you arrested and taken to jail or police station? Underage drinking and driving is a misdemeanor, which means up to 90 days jail and $1000 fine. If you’re interested in a plea bargain, often you can negotiate a result with little or no jail, and a lower fine.

1 Answer | Asked in DUI / DWI and Criminal Law for Minnesota on
Q: Can you resolve dwi p.o. violation warrant in mn from 10 years ago without going to jail if your already on

Probabtion in Wi and doing good just wanting to get DL in wi?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 17, 2018

Maybe. Normally the way to clear a Arrest and Detain Order or Arrest Warrant due to an alleged probation violation is to turn yourself in (or be caught and arrested) to get booked into the appropriate jail, then eventually have a judge review and decide on release. If it's that old, it could... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: Can i resolve my case without any jail time if im already on probabtion with active warrant from another state?

Was charged for dwi in mn in 2007 but am currently on probabtion in Wisconsin after doing jail time for another dwi charge. Mn has a p.o. violation warrant on me right now but I'm doing good on probabtion right now and dont want jail t time. I'm trying t to get my drivers license in wi... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 16, 2018

It sounds rather ... complicated. So, the 2007 MN DWI is over and done - probation ended? Or, the WI DWI still in probation triggered a MN probation violation? On the 2007 case? A different case? The way to start untangling that knot is probably going to be to pick up the telephone and make a... View More

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I'm taking medication that's been prescribed to me, can I still get a DUI?
Lucas Wynne
Lucas Wynne
answered on Oct 29, 2017

Your question is too vague to answer. You will likely need a lawyer.

1 Answer | Asked in DUI / DWI for Minnesota on
Q: If I got convicted of a DUI in a different country, would that be taken into account as a first-time DUI offense if I'm

pulled over again (for the first time) in Minnesota?

Lucas Wynne
Lucas Wynne
answered on Oct 25, 2017

No

1 Answer | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: 1983-'07,6 dwi's,6 yrs intoxalock started '15 Is this right?Seems all laws changed after the fact. A few dar-dac '12

If anyone can help

Lucas Wynne
Lucas Wynne
answered on Oct 25, 2017

Any attorney can help, simply make a few calls.

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