Minneapolis DWI Lawyers and Attorneys

The practice of DWI Law is very complex.  So complex in fact, that it is not an area of practice that can be “dabbled in”  by a novice or inexperienced lawyer.  The troubling part is that some attorneys start to dabble in DWI law because it can be lucrative.

The Minnesota DWI Lawyers at Arneson & Geffen do not dabble in DWI law!  With over 26 years of combined experience, our attorneys have successfully represented thousands of DWI cases.  Every case is carefully investigated, prepared and defended!

We understand that being charged with a DWI can be a very stressful experience.  We will try to alleviate your stress by providing you with an outline of how your case will be handled and give you candid advice on your situation.  We are here to defend you!

Below, you will find some resources that will help you answer some of your questions.  For more information please visit our DWI Resource Center.  However, if you are facing a DWI charge, it is very important to speak to an experienced DWI Attorney to protect your rights. Call us at (612) 465-8581 for a free legal consultation.

CRIMINAL PENALTIES

The criminal penalties for a DWI offense in Minnesota are based upon the number of aggravating factors present at the time you are charged with the crime:

Number of Aggravating Factors Criminal Classification Maximum Penalty
none 4th Degree DWI, misdemeanor $1,000 fine and/or 90 days jail
one 3rd Degree DWI, gross misdemeanor $3,000 fine and/or 1 year jail
two 2nd Degree DWI, gross misdemeanor $3,000 fine and/or 1 year jail
three 1st Degree DWI, felony (fourth offense only) $14,000 fine and/or 7 years jail

ADMINISTRATIVE PENALTIES

Separate from any criminal penalties that may arise from a DWI conviction, Minnesota law provides for (3) separate administrative sanctions that may commence immediately upon arrest/testing:

(1)  License Revocation

Whenever the implied consent law is invoked during the arrest process, your driving privileges can be revoked immediately following any test failure or test refusal.  If you provide a blood or urine sample for testing, any license revocation will occur once the sample has been tested by the BCA.  The length of your license revocation depends upon a number of factors.  Please keep in mind that on July 1, 2011,  new laws went into affect that drastically increased the license revocations for persons charged with DWI.

An Implied Consent Petition must be filed  within 30 days of your license revocation to protect your rights, or you lose this right forever! Give us a call at 612-465-851 to discuss your case.

(2) Administrative License Plate Impoundment

A plate impoundment violation is an impaired driving violation involving an aggravating factor, including any offense:

  • occurring within ten years of a qualified prior impaired driving violation
  • involving an alcohol concentration of .16 or more
  • having a child under the age of 16 present in the vehicle
  • occurring while the person’s license has been canceled as inimical to public safety

Plate impoundment applies to:

  • the vehicle used in the plate impoundment violation
  • any vehicle owned, registered, or leased in the name of the violator, whether alone or jointly.

An Implied Consent Petition must be filed  within 30 days of the Plate Impoundment Order to protect your rights, or you lose this right forever! Give us a call at 612-465-851 to discuss your case.

(3) Administrative Vehicle Forfeiture

Minnesota’s DWI law provides for vehicle forfeiture for a designated license revocation of designated offense, which is typically the third DWI violation within a ten-year period, though with one or more enhancing factors, a person’s second-time or even first-time violation might qualify as well.

The law provides that the arresting officer may seize the vehicle and requires that the prosecuting authority serve notice to the owner(s) of the intent to forfeit. The forfeiture is conducted administratively, unless within 30 days the owner appeals the forfeiture action by filing for a judicial determination of the forfeiture.

In order to protect your rights a Demand for Judicial Determination must be filed within 30 days of you receiving the Notice of Seizure with Intent to Forfeit.  Failure to do so, will result in an automatic Administrative Forfeiture of your vehicle.

Contact one of our skilled DWI attorneys by calling (612) 465-8581 for a free consultation. DWI Lawyers & Criminal Attorneys

Arneson & Geffen, PLLC represent clients throughout Minnesota, including the Twin Cities of Minneapolis and St. Paul, Duluth, Rochester, Mankato, St. Cloud, Moorhead, Apple Valley, Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Eagan, Eden Prairie, Edina, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Richfield, Roseville and Woodbury.