St Paul DWI Lawyer
If you’ve been arrested for DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in St. Paul, Minnesota, the consequences can be serious. A conviction can result in substantial fines, license suspension, and even jail time. That’s why it’s crucial to have an experienced DWI/DUI defense attorney on your side.
At DeVore Law Office, we specialize in DWI and DUI defense in Minnesota, helping individuals accused of drunk driving protect their rights and fight for the best possible outcome. Whether it’s your first charge or a subsequent offense, we have the expertise to mount a strong defense.
First DWI in Minnesota?
Being arrested for a first DWI offense in Minnesota may feel overwhelming, but you have options for defense. Depending on the circumstances, penalties for a first-time DWI may include:
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Fines of up to $1,000
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License suspension for up to 90 days
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Jail time up to 90 days (though this is rare for first-time offenders)
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Alcohol education or treatment programs
However, a first offense can often result in a reduced penalty or even a dismissal if the right defense strategies are employed. Our DWI defense attorneys can help assess your case, challenge the evidence, and potentially reduce the severity of the charges.
Second DWI in Minnesota?
A second DWI offense in Minnesota carries much stricter penalties than a first offense. If convicted, the consequences may include:
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Fines of up to $3,000
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License suspension for up to 1 year
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Jail time of up to 1 year, with a mandatory minimum of 30 days
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Mandatory alcohol treatment or education programs
If you are facing a second DWI charge, it’s essential to work with a skilled DWI attorney who can explore defenses such as challenging the validity of sobriety tests or questioning the stop made by law enforcement.
Felony DWI in Minnesota?
A felony DWI charge in Minnesota can result from a third DWI offense or if your DWI involves aggravating factors, such as having a child passenger in the vehicle or causing injury to another person. Felony DWI penalties are severe and can include:
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Fines of up to $14,000
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License revocation for up to 5 years
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Up to 7 years in prison for aggravated felony cases
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Probation or supervised release upon completion of the sentence
If you are facing a felony DWI charge, it’s crucial to have an experienced attorney who can advocate for you and work to minimize the penalties or seek alternatives to imprisonment, such as rehabilitation or house arrest.
How We Defend DWI Cases in Minnesota
At DeVore Law Office, we use a range of strategies to defend DWI/DUI charges, including:
1. Challenging the Traffic Stop
We can question whether the law enforcement officer had probable cause to pull you over in the first place. If the stop was unlawful, it could lead to the evidence being thrown out.
2. Questioning Field Sobriety Tests
Field sobriety tests are not always accurate and can be influenced by factors such as weather, medical conditions, and even anxiety. We can examine the way the tests were administered and challenge their results.
3. Challenging the Breathalyzer or Blood Test Results
Breathalyzer machines must be properly calibrated and operated. If there were any mistakes in administering the test or if the machine was malfunctioning, the results could be challenged.
4. Negotiating Plea Deals
In some cases, we may be able to negotiate with prosecutors to reduce charges or secure a plea deal that minimizes the consequences of your DWI charge.
What are the consequences of DWI in Minnesota?
A fourth-degree DWI conviction is considered a misdemeanor. You could spend up to ninety days in jail. Your fines could reach up to one thousand dollars.
A third-degree DWI is considered a gross misdemeanor level offense. You could spend up to a year in jail, and your fines could reach up to three thousand dollars. If this is your second DUI in 10 years, you will spend at least thirty days behind bars.
A second degree DWI is also considered a gross misdemeanor. You could spend up to one year in jail and pay fines up to three thousand dollars. If this is your third DUI in 10 years, you will spend at least ninety days in jail.
A first-degree DWI is considered a felony. You could be facing up to seven years in jail. Your fines could reach up to fourteen thousand dollars.
What are some other consequences that may happen?
Not only are you looking at jail time and fines, but you may also notice some other things. These include:
Loss of driver’s license. All DUI convictions will result in the revocation of ones driver’s license. In some cases, it will mean the cancelation of the license requiring treatment and many other conditions to be satisfied before one can get their license back
If you are convicted of a DUI, you are looking at time without a license. For most people, this can be a terrible experienced. They are used to driving to school, work, and the store without thinking about it.
Most people lose their license for three months, though the amount of time increases with each new conviction. There are some repeat offenders who don’t have their license for a few years.
Can you imagine how you are going to get to work without a license? How many people are you going to have to bother in order to keep your job? Even if you are only looking at a month or two without it, you are going to have to bother a lot of people just to get where you need to be.
Vehicle Forfeiture. Under certain circumstances, the police can take your car and keep it… forever. This action is called a forfeiture which Minnesota law allows under specific (but common) circumstances.
Your family and friends may look at you differently. They may not be as interested in spending time with you, especially when alcohol is involved. They may not invite you to dinners and parties where they know drinking is going to occur.
They may not want to get in the vehicle with you. They may prefer to drive instead of you so they don’t have to worry about you driving when you shouldn’t be. It can take some time to gain their trust back. It is much better not to break it!
You could lose your commercial license too. Many commercial driving companies have a no-tolerance policy for drinking and driving. Most will fire you as soon as you are convicted.
Even if you get to keep your job, you will lose your commercial driver’s license for up to three years. However, if you get caught over and over, you may lose it permanently.
You are going to have to tell people that you are a convicted criminal. You will get asked about this on any job interviews. Though many companies aren’t afraid to hire someone who has had a DUI, there are plenty who won’t.
You may even have to answer this question if you are going to rent an apartment. You may struggle to find a place to rent because of your record.
Changes to your automobile insurance (as well as others). There is a clause in most automobile insurance policies that allows them to cancel your policy at any time for any reason. If you are caught and convicted, there is a good chance that you will lose your insurance. You may also struggle to get another one!
You may also lose your life insurance policy due to your conviction. If you don’t have one, you might not be eligible to get any when you do decide to look for it.
Anytime that you are charged with a DWI, it is important that you hire a lawyer. It may be the difference between a second-degree conviction and a fourth-degree one. It could be the difference between spending a year in jail and ninety days there.
Contact us for all of your legal needs. We will help you get through this difficult time.
Common Types of DWI We Focus On
- Stop & Arrest : First and most importantly, always try to stay calm. A nervous person will likely look guilty to a police officer. What a person does over the next 30 minutes can be life-changing.
- Level Of DWI Charges : The negative effects of being charged with driving while intoxicated are numerous and serious. If you have been arrested for DWI, it is important for you to consult with an experienced, qualified Minnesota DWI lawyer.
- License Revocation : There are various penalties that you may face when you are charged with a DWI, not least of which is the suspension of your driving privileges.
- Hidden Costs Of DWI : People often wonder what are the actual costs of a DWI. There are many hidden costs you may not know about shortly after being arrested , but they will quickly become apparent as you begin to address your DWI matter.
- Choosing A DWI Lawyer : The reality is that if you are facing a DWI charge, the penalties that can be imposed (even if this is your first DWI) are extreme and very serious. It is possible to be sentenced to extensive jail time, expensive fines, loss of driving privileges and other sanctions.
- Defenses To DWI : There are many ways to successfully defend a DWI charge in Minnesota.
- Felony DWI or CVO : If you are arrested for four DWIs over a period of 10 years, you may be convicted of a felony DWI.
- Field Sobriety Testing : There are many possible defenses when Field Sobriety Tests are used in a stop-and-arrest case. Kevin DeVore has extensive experience in handling and interpreting Field Sobriety Tests to best defend your case.
- B-Cards : If you have been convicted of three DWI charges, you may seek the issuance of a B-Card to allow you to drive under certain circumstances. Seeking a valid B-Card means that you have completed a substance abuse rehabilitation program and are able to represent to the court that you will not consume any alcohol at any time.
- Test Refusal : Field sobriety tests are designed to determine probable cause for arrest of a person. Tests administered by an officer can include the horizontal gaze nystagmus test, standing on one leg, walking a line, counting, or reciting the alphabet.
- Vehicle Forfeiture : Many people do not realize that in Minnesota today it is possible that your motor vehicle can be impounded as a result of DWI stop. If you have an qualified and committed DWI attorney working on your behalf, you may be able to avoid this inconvenience.
Kevin DeVore has an office in Woodbury, Minnesota and helps clients throughout the metro including surrounding St. Paul, Lake Elmo, and Oakdale.