A DWI or DUI is, for many people, their first and only encounter with the criminal justice system. The stakes are high in every drunk driving case, and it’s not just because of the threat of jail time or harsh fines. In Minnesota, your driver’s license will likely be revoked after a DWI arrest, severely limiting your mobility. This can spill over into every aspect of your life, from employment to relationships with friends and family. Under certain circumstances, the state may even take your vehicle. At Coodin & Overson, PLLP, we provide aggressive representation to clients facing DUI/DWI charges for driving under the influence of alcohol or drugs.
Driver’s License Revocation
You only have 60 days from the Notice of Revocation to challenge the revocation of your driver’s license. This is called an implied consent hearing and is a separate case from your criminal DWI case. If this is your first, your driver’s license is suspended for 90 days if your test result was between .08 and .15. If this is your first and the test result was greater than .16, or you refused the test, your license will be suspended for one year. If you have a prior DWI within 10 years, or there are other aggravating factors, your driver’s license may be suspended even longer. Depending on the circumstances, you may be eligible for a limited driver’s license (work permit) or full driving privileges with an interlock device. Contact our DUI attorneys to learn more.
If this is your first DWI and the test result was greater than .08 and lower than .16, it is usually charged as a misdemeanor. This is punishable by up to 90 days in jail and a $1,000 fine. A gross misdemeanor would be charged if this is your second offense within 10 years and is punishable by up to one year in jail and a $3,000 fine. The minimum sentence under the law for this case is 30 days in jail.
Effective August 1, 2015, the threshold for being charged with a gross misdemeanor DWI was lowered from a .20 blood alcohol content to .16. You may also be charged with a gross misdemeanor if you refuse to take the test even if it is your first offense.
If this is your third offense within 10 years, although this is still a gross misdemeanor, it has a minimum sentence of at least 90 days in jail. A fourth offense in 10 years is a felony and has a maximum penalty of seven years and a $14,000 fine with a minimum sentence of 180 days.
Whether this is your first DWI charge or you have received a prior conviction, it is extremely important to contact an experienced and qualified DWI defense attorney as soon as possible. DWI is an enhanceable offense, meaning the penalties increase exponentially for subsequent arrests.
The penalties are harsh enough after a first offense, but if you have a prior DWI or DUI conviction within 10 years, you could be facing a mandatory jail sentence. At Coodin & Overson, PLLP, in Lake Elmo, we treat every case as if our clients’ lives depend on it. Contact a qualified DUI attorney for a free consultation. We will give you an honest and realistic assessment of your case and help you decide how to proceed.
An Aggressive Defense
We provide aggressive representation for the following DUI and DWI defense issues:
- Felony DUI/DWI
- Aggravated DWI/DUI
- Vehicle forfeiture
- Snowmobiling while intoxicated
- Boating under the influence
- Implied consent hearing (license revocation)
- Careless driving
To learn more about the difference between DWI and careless driving, read our DWI vs. Careless Driving article.
Free Consultation With A Minnesota DWI Attorney
If you have been arrested for a DUI or DWI, don’t wait for the first hearing to take place before you decide you need a DUI lawyer. You have only 60 days from your notice of revocation to challenge revocation of your license. Call us at 651-319-5180, or contact us online for a free consultation today.