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Rogers, MN DWI / DUI Attorney Aggressively Defends Your Rights

At Martin & Wagner, our DWI / DUI Attorneys, are experienced in defending all types of DWI cases in MN. If you or a member of your family is charged with driving while under the influence of alcohol or another substance, it is important that you speak with a criminal defense lawyer as soon as you are charged to determine the severity of your case and the options that you have.

Depending on the level of DWI you are charged with, you could be facing severe criminal penalties and collateral consequences such as license revocation, vehicle forfeiture, license plate impoundment, and possibly jail time.

The Basics

  • Blood Alcohol Concentration (BAC) means the amount of alcohol in a person's bloodstream as measured by a chemical test.
  • BAC can be measured by breath, blood or urine.
  • The legal limit for BAC in the state of Minnesota is .08. Any BAC in excess of .08 is grounds for a charge of DWI.
  • DWI in MN charges are not always related to alcohol. You can be charged with DWI if you are under the influence of any mood-altering substance that could affect your ability to properly operate a motor vehicle. Examples include marijuana, amphetamines, or prescription drugs.
  • The implied consent law in the state of Minnesota states that you must submit to testing of your breath, blood or urine to detect mood-altering substances, including alcohol. Failure to submit to testing is a crime.

Depending on your level of intoxication and/or various other factors, you may be charged with:

Fourth Degree DWI /DUI

Fourth-degree DWI is almost always a first-time DWI offense; with a blood alcohol concentration of less than .20. Fourth-degree DWI is usually a Misdemeanor offense. Collateral consequences may include license revocation, fines, and license plate impoundment.

Third Degree DWI / DUI

There are several ways that you can be charged with third-degree DWI, including:

  • Second offense within 10 years
  • First offense with one aggravating circumstance present, such as:

- Having a child in the vehicle

- Blood Alcohol Concentration of over .16

- Operating a School Bus

  • Refusal to submit to testing of alcohol by blood, breath or urine analysis will be charged under the third-degree DWI statute.

Third-degree DWI charges are Gross Misdemeanors and carry with them mandatory jail time. You may also be subject to maximum bail and/or conditions of release. Collateral consequences can include license revocation, license plate impoundment, and imposition of "whiskey plates." If you are charged with a third-degree DWI you may be required to enroll in the interlock ignition program as well as go through extensive programming to get your license reinstated.

Second Degree DWI

There are several ways that you can be charged with second-degree DWI, including:

  • Third offense within 10 years
  • Two aggravating circumstances present; or
  • One aggravating circumstance and one prior offense
  • Refusal to submit to testing and existence of one or more aggravating factors.

Second-degree DWI charges are Gross Misdemeanors, but carry higher mandatory minimums to jail time than third-degree DWI. You may be subject to maximum bail and/or conditions of release. Collateral consequences include license revocation and/or cancellation inimical to public safety, license plate impoundment, the imposition of "whiskey plates," vehicle forfeiture, and extensive programming including mandatory rehabilitation and enrollment in the interlock ignition program.

First Degree DWI

First-degree DWI charges are the most serious. You may be charged with first-degree DWI for the following reasons:

  • Fourth offense within 10 years
  • Prior conviction for First Degree DWI
  • A prior felony charge of Criminal Vehicular Operation or Criminal Vehicular Homicide.

First Degree DWI charges are felonies and carry the possibility of prison. A first-degree DWI offense carries all of the collateral consequences listed above for second-degree DWI, as well as additional consequences that are associated with a felony conviction.

Contact Our Experienced Rogers, MN DWI / DUI Lawyer

Our criminal defense attorneys are available to answer your DWI-related questions and to ensure that your rights are aggressively defended. Call 763-425-6330 or e-mail our attorney. We offer a free initial consultation and return all communications promptly.

Martin & Wagner have defended clients near or in Albertville, Anoka, Buffalo, Elk River, Maple Grove, Minneapolis, Monticello, Rogers, and St. Michael as well as other communities within Hennepin County, Stearns County, Wright County, Sherburne County, and Anoka County.

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