DUI/DWI Possible outcomes
Most DWIs resolve with a plea agreement or a deal. This means that you will plead guilty to all or some of the allegations. In return the state will usually reduce the charge and/or the penalty. However, sometimes mistakes occur during the traffic stop and subsequent search and seizure of alcohol related evidence. In these cases you may want to challenge the evidence submitted. Challenging the evidence at the omnibus stage is how most defendants are successful at litigating their DWI cases. If you're not successful challenging the evidence and you wish to take your case to trial, you will face an uphill battle. Most prosecutors are seasoned trial lawyers and their witnesses are usually very competent.
Whether you're trying to get a good deal, challenging evidentiary issues, or taking your case to trial; not having an experienced trial lawyer puts you at a serious disadvantage. To see a list of DUI/DWI trial attorneys, reference the website for The Minnesota State Bar Association. Go to Find a lawyer, select practice area and select DUI/DWI.
Possible consequences for conviction in DUI/DWI case
The criminal side
The maximum penalty in a Minnesota DWI case depends upon the level of charge. Felony DWI cases can result in years in prison and thousands in fines and fees. However, most DWI cases in Minnesota result in 4th degree misdemeanor convictions. A misdemeanor conviction can result in 90 days in jail and a $1000 fine. If you plead guilty in a misdemeanor you will likely not see any jail time (on top of your night in jail) unless you violate probation. But each jurisdiction, meaning each city and county, operates a little different. Some counties give better plea offers than others. A typical offer in many counties is to plead guilty to one count and in return dismiss a second. There'd likely be a one year of probation and a fine from $50-$300. You'd likely be required to complete a chemical health assessment and follow recommendations and attend a Mothers Against Drunk Driving (MADD) victim impact panel meeting(s). In 4th degree cases where there's evidence low alcohol concentrations, the prosecutor may offer an amended careless driving conviction in place of the DWI. These are a few potential consequences.
The civil side
In Minnesota, when you get a driver's license and operate a motor vehicle, under state law you impliedly consent to not drive under the influence of alcohol. If police suspect that you've been drinking, you consent that you will test at their request. If you fail their alcohol tests, then The Minnesota Department of Public Safety can revoke your driver's license. If you wish to challenge revocation, then in addition to the criminal matters, you must request a hearing. You must make the challenge within the statutory timeframe or you will waive the ability to challenge in the future.
In a misdemeanor DWI case, If you lose the implied consent challenge (revocation hearing) or waive your right to a hearing, your driver's license will be revoked for a minimum of three months.
Greg Diedrich
Defense Lawyer
Part-time Assistant Public Defender - Minnesota Board of Public Defense
Former Attorney Advisor - United States Small Business Administration
worthwhile presidential quotes
Ronald Reagan
“America is a shining city upon a hill whose beacon light guides freedom-loving people everywhere. [America is a city] built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here.” - President Ronald Reagan 1989
James Madison
“If men [and women] were angels, no government would be necessary. If angels governed, [there would be no reason to restrain government].” “The difficulty is: you must enable government to control the governed; and oblige it to control itself.” - James Madison Federalist 51
Franklin Delano Roosevelt
"Governments can err, Presidents do make mistakes. But the immortal Dante tells us that divine justice weighs the sins of the cold-blooded and the sins of the warm-hearted in different scales. Better the occasional faults of a Government that lives in a spirit of charity than the consistent omissions of a Government frozen in the ice of its own indifference." - President Franklin Delano Roosevelt July, 1936.
Recommended Reading - the United states Constitution
Celebrate Constitution Day - September 17th, 2027
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Visit The National Constitution Center.
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Don't be an asshole.
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Moot Court Competition - Top Ten Finalists.
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Other worthwhile quotes
Cicero
“Without virtue, happiness cannot be” - Cicero Tusculan Disputations 45 BC
OTHER RECOMMENDED READING
The Republic
by Plato
The Spirit of Laws
by Baron de Montesquieu
Hate is not welcome here.
Hate is not welcome here.
Hate is not welcome here.
Resist racism, antisemitism, homophobia and transphobia. Be kind.
Don't be an asshole.
Or here.
Hate is not welcome here.
Hate is not welcome here.
Moot Court Competition - Top Ten Finalists.
This is not a depiction of Diedrich Law Firm PLLC.
Great outcomes are often the result of planning.