Minnesota DWI And DUI Law By George Wellington At Isnare.com Ezine Articles

Being charged with a DUI, driving under the influence (of drugs or alcohol) or a DWI, driving while intoxicated, is a very serious situation. The possibility exists that either charge could affect one’s future. They can result in substation fines, loss of a driver’s license, have implications for future employment, increase insurance premiums, and in some cases, can result in serving time in jail.

When charged with a DUI or DWI, it is important to find someone that will understand what steps must be taken to successfully navigate through the legal processes. A lawyer or attorney can be a great help in these situations. This lawyer will defend the person involved in the situation, and will make sure that his or her rights are protected throughout the whole process.

In the state of Minnesota, a blood alcohol of 0.08 or higher will allow you to be convicted of a DUI charge. Although this is when one can be convicted, it does not mean that driving is impaired prior to this point. Driving skills are affected from the first drink of alcohol. The ability to react, pay attention, maintain coordination, and make good choices are affected more and more with each drink.

Unfortunately, there is no specific number of drinks that can alert you when you are over 0.08. Wine, beer, mixed drinks, and hard liquor all have different percentages of alcohol. It is more important to keep track of the total amount of alcohol that is entering your system over a certain timeframe rather than just counting drinks. A few beers will have a different affect on a person than a few shots of hard liquor. This number is also not the same for everyone, however. Blood alcohol levels are also influenced by gender, age, weight, medications, the amount and type of food that has recently been eaten, and other factors.

If one does end up being pulled over for DUI or DWI by police, a series of tests may be administered, including a blood, breath, or urine test. If these tests are refused, it is considered a Gross Misdemeanor, which can lead to removal of your license for at least year.

When a DWI conviction does happen, there are a number of legal and financial consequences, which vary depending on how many offenses one has been charged with. For the first DWI offense, it is usually a Misdemeanor, which is punishable by a maximum fine of $1,000 and/or ninety days in jail. A court may order you to attend an alcohol treatment program, and maybe revoke your license for at least 90 days. This is the case if the driver’s blood alcohol reading is under 0.20%. If the reading is over 0.20%, or the person is convicted with a child in the car, it is considered a Gross Misdemeanor, which can lead to a maximum fine of $3,000 and/or a year in jail. If a second offense is committed within ten years, it is also considered a Gross Misdemeanor.

When a third offense is committed within ten years of two prior offenses, one will either have a minimum of 90 days in jail, or an intensive probation program which will include at least six consecutive days in jail as well. Police will most likely take a person’s car away at this point, and a lawyer will be needed to help deal with financial consequences of this seizure. After three offenses in Minnesota, the state will also be likely to cancel one’s driver’s license as this person is seen as a threat to public safety.

The fourth offense within ten years of three prior offenses will result in a Felony. This conviction will result in at least three years in prison and a fine of not less than $14,000. A judge my decide to reduce this three year term, but there is still a mandatory sentence of at least 180 days in jail, 30 of which must be served consecutively.

Driving while under the influence of drugs or alcohol is a very serious situation. Not only is the driver’s life in danger, but also the driver’s passengers, and any other car or pedestrian that happens to be on the road during that time. The results of a DWI conviction can lead to fairly severe penalties. Ideally, one would not place him or her self in a situation where one can be convicted, meaning to not drive while under the influence. When one does happen to be pulled over and charged with this offense, however, a lawyer who will be able to protect one’s rights and will be able to lead a person through the legal process can be an invaluable asset.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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