I would guess that over half the legal questions I get asked (at least those not regarding people like OJ Simpson, Michael Jackson, or Jerry Sandusky) are about DWI's in one way or another. This isn't surprising, seeing as in 2010, almost 30,000 DWI's were issued to drivers on Minnesota roads, according to the Minnesota Department of Public Safety's "Impaired Driving Stats" (you can check out all the stats for 2010 here). 42% of those DWI's were issued to drivers who had already been charged with at least one prior DWI. Clearly, DWI's affect a large subsection of the population and are, therefore, a popular discussion topic as soon as folks find out what I do for a living.
The most common question is whether, even if you fail the field sobriety test or submit a Breathalyzer test that registers above Minnesota's legal limit of .08 BAC, the case can still be dismissed or the charges reduced? The short answer is yes. Being guilty of impaired driving doesn't necessarily mean that a DWI charge will hold up against you. Obviously, being in the wrong makes things more difficult, and your best bet is to always find a designated driver or call a cab, but there can be ways to avoid the devastating effects of a DWI conviction.
Make no mistake: DWI convictions are bad news. Even the lowest DWI charge in Minnesota (4th degree DWI -- first offense with no aggravating factors or test refusal) is a misdemeanor that can carry with it a 90 day jail sentence and a $1,000 fine. Subsequent offenses or aggravating factors can hike the penalties up exponentially and make for a very uncomfortable time in front of the judge. Hiring a Minnesota DWI lawyer should be your first step when facing a DWI conviction. However, just being guilty doesn't necessarily mean you're guilty.
The most common way to get a seemingly valid DWI charge dismissed is by challenging the grounds for the initial traffic stop. Because we live in a country and a state that protects the rights of citizens, the ends do not always justify the means in the law enforcement world. If you are stopped by a police officer and are subsequently found to be driving while impaired, it is still necessary for the officer to have stopped you for a valid reason. Simply being drunk or impaired upon being stopped does not give the police officer rationale for stopping you in the first place.
A recent case I found illustrates this well. A driver was seen to be traveling in an interesting manner by an officer in St. Peter, MN. The driver made a couple of u-turns, delayed at a light, and changed directions a few times for seemingly no reason. As the court opinion states (you can check that out here), however, the driver never committed a traffic violation that would give the officer reason to pull him over. Simply driving with nowhere to go is not a crime, and therefore, the charges were dismissed for lack of probable cause for a traffic stop.
In this case, once stopped by the officer, the driver failed to pass a field sobriety test. There seems to be little question that the driver was intoxicated at the time of his stop, but because the officer was found to have no evidence for the basis of his stop, the charges against the intoxicated driver were dismissed. The case outlined here is just one in many cases of this kind. Law enforcement must have a reason to make a traffic stop. It cannot be based solely on suspicion or curiosity.
Seems easy enough, right? Wrong. The problem is that your average citizen likely doesn't know what constitutes a legal traffic stop, what they can be stopped for, or how to respond to an officer's requests during a stop. A lot can go wrong if you try to defend your DWI charge on your own. Your best bet, as it is with any criminal charge, is to contact an experienced Minnesota criminal defense lawyer. If you have recently been charged with a DWI and have yet to contact an attorney, do it as soon as possible to ensure that everything can be done to win your case is done.
As always, this article in and of itself should not be construed as any kind of legal advice. Every criminal defense situation is different. If you have a situation that requires legal advice, please contact a Minnesota criminal defense attorney and make sure you have all the help you will need.
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