DWI in Minnesota: Frequently Asked Questions
Answers from Proven Minneapolis DWI Lawyers
What is the difference between a DUI and a DWI?
In Minnesota, both DUI and
DWI are used generally when referring to impaired driving. Under the law,
however, each term has a slightly different definition. DUI, for example,
refers to Driving Under the Influence and can apply to drivers who are
impaired by either alcohol or drugs, or both. DWI, or Driving While Intoxicated,
applies in cases where a driver’s BAC, or blood alcohol concentration,
is above the legal limit of .08.
If I am being accused of DWI/DUI, will I get jail time?
Although all cases are different, jail time is possible for many drivers
charged with DWI. This is especially true in cases with aggravating factors
such as high BAC levels,
multiple offenses, accidents, and injuries, among others. While imprisonment is a serious
penalty, experienced defense attorneys can work toward resolutions that
keep defendants out from behind bars.
I’m facing DWI charges, what are the penalties?
The penalties you face will always depend on the unique facts and circumstances
of your case. Courts will pay particular attention to the nature of your
charge, your BAC level, and whether you have been convicted of similar
charges in the past. Generally, defendants can face penalties that include
large fines and fees, possible jail time, probation, license suspension,
court ordered classes, community service, and other consequences. In the
most serious cases, offenders can face lengthy prison sentences.
There are many short and long-term consequences that come with DWI convictions,
and they have the potential to seriously impact one’s personal,
emotional, and financial well-being. Your best course of action to defend
yourself against these consequences and future limitations is to enlist
the help of seasoned DWI lawyers.
What happens when an underage driver is charged for DWI?”
Minnesota enforces a zero-tolerance police for drivers who are under the
age of 21. This means that if a driver
under 21 is found to have any amount of alcohol in their system, as well as any
drugs, they can be criminally charged, be subject to license suspension, and
face serious criminal penalties.
Is a conviction guaranteed if I failed a chemical test?
A positive chemical test does not mean an automatic conviction. Why? First,
it does not indicate that you were legally intoxicated under the law or
that you were intoxicated at the time you were behind the wheel. Additionally,
chemical test methods used by law enforcement are not perfect –
they can and often do give false readings, especially if they were used
or maintained improperly.
Experienced lawyers know there are many elements to challenge in a DWI
case and many ways to secure a positive resolution, including a dismissal,
on behalf of clients. Analyzing the circumstances surrounding a stop,
arrest, and chemical test is part of this process.
Can I fight my DWI charges on my own?
Entrusting your case to a professional can ensure that someone familiar
with the law, the tactics used by prosecutors, and the methods for effectively
defending clients’ rights and futures is working to help you secure
the most favorable outcome possible. At Caplan & Tamburino Law Firm,
P.A., our attorneys have decades of combined experience representing client
charged with all types of DWI offenses. We have the experience and resources
that could make a difference in your case. With so much on the line, why
would you risk handling these complex legal matters on your own?
Caplan & Tamburino Law Firm, P.A. offers
free consultations, so you have nothing to lose in speaking with a member of our team. Find
out more about how a Minneapolis criminal defense lawyer may be able to
help by calling our office at (612) 444-5020.