Increased Penalties for DWI/BWI Read More Now

Start With Your Free Consultation 612.444.5020

Caplan & Tamburino Law Firm, PA

We have over a century of collective legal experience and have been practicing in state and federal courts across Minnesota since 1983.

DWI in Minnesota: Frequently Asked Questions

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 amount of 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.

Put Our Attorneys On Your Side

Our team has 100 years of collective experience. Our lawyers, Allan Caplan and Joe Tamburino, are frequently featured on local news networks, including radio and television appearances on Fox and WCCO radio. This has helped Caplan & Tamburino Law Firm, P.A. rise to prominence and gain a solid reputation of fighting vigorously not only for our clients, but also against the injustices they face when they have been charged with a crime or have been wrongfully injured.

Attorney Profiles

What Our Clients Are Saying

  • “ Today I had a court appearance where your attorney, LIS CARLSON represented me. I must start at the beginning, MS. CARLSON returned my phone call to her with in an hour of my first call to your office. I was overwhelmed with gratitude for the quick response to my call & most important how LIS immediately made me feel, she was professional, caring, her ability to immediately know that I was a total mess. Before she finished with my call she made sure that I was alright, her compassion for me was extremely needed. I immediately felt there couldn’t be a better attorney in the state better than LIS! Throughout this entire process, Lis was a pillar of strength. I was amazed at how she handled everything with extreme care & some very excellent, professional legal skills. I count my blessings but I count them twice when I came to LIS. The world needs more people like LIS, smart, intelligent, kind and caring.” - P.G.
  • “How do I ever thank you enough for your amazingly great strategy that got my case dismissed! ” - J. E.
  • “ Kayla Wengronowitz was my attorney in a claim against me involving Title IX and won my difficult and extensive case. She was a beacon of hope to me when my options seemed very limited. Kayla provided clarity for me to understand everything happening in the case, she made smart and calculated decisions, she made sure I was comfortable with every decision she made, and she responded to difficult situations seemingly with ease. Most importantly, Kayla was empathetic and provided comfort throughout the strenuous process. I am extremely grateful for her service and highly recommend her without reservation.” - Anonymous
  • “I strongly recommended to anybody who needs a criminal lawyer representation ” - M.M.
  • “ I just wanted to thank you so much! I am so pleased with all the hard work you put in. I would have never had the chance to get the outcome I did without you. You did an amazing job and we are feeling very greatful to have made the right call when we chose you.” - P.K.
View More Testimonials

Recent Case Victories

  • Felony Drug Crime Avoided Jail Time

    Outcome: Client was charged with a felony drug crime in Hennepin County. Client had previous felony drug crimes on their ...

  • Traffic Violation Case Dismissed

    Outcome: Client was charged with a misdemeanor traffic violation. Attorney Kayla Wengronowitz was able to have the case ...

  • Gross Misdemeanor Indecent Exposure Not Guilty

    Outcome: Client was charged with Indecent Exposure after a woman claimed he was masturbating in his car in a public ...

  • Title IX Not Responsible

    Outcome: Client was investigated by a small private college in southern Minnesota for conduct which fell under both the ...

  • Multiple Driving Violations Acquitted

    Client was charged with Duty to Drive with Due Care (Speed Greater than Reasonable), Impeding Traffic, and Careless ...

  • DWI 4th Degree Reduction of Charges

    Client was charged with a 4 th degree DWI in Hennepin County due to operating a motor vehicle with a test result greater ...

  • Fifth-Degree Possession and DWI Stay of Adjudication Granted

    Outcome: Client, who was represented by attorney Hillary Parsons, was charged with DWI and felony drug possession after ...

  • Dog Bite Personal Injury

    Outcome: A young professional woman was visiting Minnesota on business when she was attacked by a client’s dog. She ...

  • Domestic Assault Case Dismissed

    Outcome: Client, who was represented by Attorney Hillary Parsons, was charged with domestic assault after an incident ...

View More

Watch Our Videos

Our Minneapolis criminal defense lawyers are passionate about protecting our clients' rights as they navigate the legal system. Watch our videos to learn more about what drives our firm to fight for our clients' freedoms and futures or to view our attorneys as they share their experience and insight on various news and media outlets.

View All Videos
Play Video

Don't Wait To Request Your Free Consultation

We take calls at any time of the day or night, so please don’t wait to find out how we can assist you. During your first meeting, we'll evaluate your case and determine if we are the right fit for you.

  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please make a selection.
  • Please enter a message.