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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

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.

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.

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.

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.

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.

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

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

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

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

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.

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/

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

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

Call a lawyer in the state where the DWI occurred.

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

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

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

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.

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.