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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

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 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

  • “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.
  • “ Hi Allan, Just wanted to say thanks for the phone call last night and all the support today at court. It's been the most stressful time of my life but your advice, superior knowledge, confidence, and support are very much appreciated.” - D.D.
  • “Just wanted to take a moment to thank you for helping me get my life back! ” - C.C.
  • “The outcome was just what you said was possible from the first meeting. My wife has had so much pressure relief from knowing that she doesn’t have a DUI hanging over her head. ” - J.F.
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Recent Case Victories

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    Attorneys Lis Carlson and Joe Tamburino represented co-defendants charged with Riot, Assault, and Disorderly Conduct in ...

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    Outcome: Client was arrested and charged with domestic assault after a verbal altercation with his girlfriend erupted ...

  • Fourth-Degree Assault of a Police Officer; GM Obstruction with force Reduction of Charges

    Outcome: Client, who was represented by attorney Hillary Parsons, was charged with an assault due to an altercation with ...

  • First-Degree Criminal Sexual Conduct Charge Dismissed

    Client, who was represented by attorney Hillary Parsons, was charged with two counts of first-degree criminal sexual ...

  • DWI Charge Case Resolved

    Outcome: Client was facing a year-long license revocation and a year of having “whiskey plates” for a pending DWI ...

  • Fifth Degree Assault, Interference with 911 Call Avoided Conviction

    Outcome: Client, who was in town for business, got into a pushing match with a stranger at a Walgreens in Hennepin ...

  • Domestic Assault Case Resolved

    Outcome: Client was charged with a Domestic Assault for an incident involving an ex-partner. After a careful review of ...

  • Child Pornography Avoided Conviction

    Outcome: After a federal search warrant was executed on his home and several computers containing child pornography were ...

  • Third DWI in 10 Years Case Resolved

    Outcome: After client was charged with a third DWI in 10 years, his license was revoked and he had to install the ...

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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.

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