What to do if I just picked up my 2nd SWI charge while under license revocation?

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What to do if I just picked up my 2nd SWI charge while under license revocation?

I blew a 0.09. I ordered a blood test which came back 0.08. How should I proceed? What are my realistic chances of getting this charge decreased significantly? How much should I expect to pay for attorney’s fees?

Asked on August 8, 2013 under Criminal Law, Minnesota

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 10 years ago | Contributor

Hello. The charge you face is markedly serious. You are in need of private attorney counsel. The attorney will examine all possibilities. There are a multitude of ways that your attorney will analyze your case. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

 

Tricia Dwyer, Esq.

Phone: 612-296-9666

DWI-DUI LAW

CRIMINAL DEFENSE LAW

CONSTITUTIONAL LAW

Maury Beaulier / MinnesotaLawyers.com

Answered 10 years ago | Contributor

Thank you for the inquiry.
 
The Criminal Case of DWI
 
A second   DWI within 10 yeas of a first is a   serious offense.  At a minimum, it is a third  degree offense.  A third  degree offense is a gross misdemeanor which carries with it maximum possible penalties of one year in jail and a $3 ,000 fine.  Moreover, mandatory minimum jail sentences will apply.   As a result, it is important to present an aggressive defense.  It is also important to know and understand the Judge's and their proclivities in your county. 
 
License Revocation or Cancellation - The Implied Consent
 
A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation.  This MUST occur within 30 days after you were ticketed. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime.  In that judicial review, the challenges are the same as those made in the criminal case. The revocation periods and procedures for reinstatement have become much more difficult in the last decade.  On a seocnd  offense within 10 years and a blood alcohol concentration below .16, there iwll be a revocation period of at least one year and a requirement for aignition interlock to reinstate your license. 
 
Strong Defenses on  a DWI Case
 
There are many challenges to a DWI.  The defenses depend on the particular set of facts in each case.  That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative.  Often, hidden defenses are found through a thorough review of all evidence.  Currently, there are strong challenges to many DWI offenses related to the U.S.  Supreme Court case of Missouri v. McNeely recently decided.  It calls into question the right of law enforcement to seek a blood, breath or urine test without a warrant or without some valid exception to the warrant requirement.  this is the strongest challenge to DWI offense s in over 20 years. 
 
Additionally, as part of any DWI arrest, the Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. 
 
Other points of a defense analysis include:
 
·       Reasonable Suspicion.  The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;
 
·       Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;
 
·       Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;
 
·       Test Procedures.  Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge. 
 
I have over 22 years of experience handling DWI  and DUI cases throughout Minnesota.  Attorney's fees are determined on a case by case basis.  However, we do offer a FREE consultation. 
 
If you have any questions, call me at 612.240.8005.
 
Maury D. Beaulier
DWI Attorney
(612) 240-8005
 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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