Minnesota DWI & DUI Attorney
Driving while impaired is a serious offense that can have wide-ranging effects on your life, impacting employment, family, and finances. If you have been arrested and charged with a DWI, DUI, or refusal to take a breath, blood or urine test, you must act now to ensure your rights are fully protected as you have only 30 days to challenge the resulting driver’s license revocation.
In Minnesota you can be charged with a DWI if you are driving or operating a motor vehicle, but also if you are in physical control of the motor vehicle even if you have not been driving. A DWI charge consists of two separate cases: (1) a criminal case involving a risk of jail, fines, probation, treatment, and monitoring; and (2) a civil case dealing with a loss of your driver’s license, and in some instances, license plate impoundment or vehicle seizure. Due to all the issues arising from a DUI DWI charge, avoiding mistakes making sure all the issues stemming from DWI charges are handled is an overwhelming experience. Therefore, it is vitally important for you to have an experienced and competent DWI DUI lawyer on your side, providing reassurance and fighting against the possibility jail and fines, license revocation, and all the other collateral issues related to a DWI conviction.
Coley Grostyan understands the complexities of Minnesota DUI and DWI laws and will ensure your rights are protected. Whether you are wrongly accused or simply made a mistake, do not let this one incident behind the wheel dictate the rest of your life. Contact the Coley J. Grostyan today for the knowledgeable and experienced DWI legal defense you deserve.
Driving, operating, or in physical control of the vehicle:
Your Rights and contact with law enforcement:
If pulled over for suspicion of driving while under the influence of drugs or alcohol, an arresting officer will normally ask you numerous questions and request that you perform a series of field sobriety tests. The questions are asked to establish how much alcohol or how much of a drug is in your system. These field tests are not admissible in the criminal court proceedings as they are too inaccurate. The field tests are only an investigative tool by law enforcement to provide an officer an additional evidence against you that can give them a reason to arrest and charge you with a DWI. Therefore, by consenting to a field sobriety test or answering questions, you could be unknowingly and needlessly incriminating yourself.
If arrested for DWI or DUI, and taken to the police station, jail or courthouse, you will be asked by law enforcement to submit to breathalyzer, or a blood test or urine test. These tests are admissible in court against you. Unlike the field sobriety tests and questions asked by law enforcement on the side of the road, refusal to submit to this admissible test is a crime. Therefore, even if you are sober, if you refuse to submit to this test, you could be convicted of test refusal and have your driver’s license suspended.
What’s the difference between 1st and 4th Degree DWI Charges in Minnesota?
The severity of punishment stemming from a DWI or DUI conviction in Minnesota depends on the circumstances surrounding your case. Most first time offenders are typically facing misdemeanor charges, but some may be charged with a gross misdemeanor DWI, or even a Felony DWI, depending on the number of prior DWIs and aggravating factors. Aggravating factors that may enhance a DWI/DUI charge from a misdemeanor to a gross misdemeanor DWI charge may include having a child under the age of 16 in the motor vehicle at the time of the offense, having an alcohol concentration of 0.20 or more at the time of the offense, or having qualified prior impaired driving incidents within the ten years of the current charge (this includes DWI convictions as well as prior impaired driving-related loss of license).
Driving While Impaired offenses are governed by the Minnesota Impaired Driving Code, Minnesota Statutes Chapter 169A.
- 4th Degree Misdemeanor DWI Charges: If you have no prior DWI convictions or have not previously lost your license due to impaired driving, and you submit to a chemical test after an arrest. A misdemeanor DWI conviction carries a maximum punishment of not more than 90 days in jail, or $1,000 fine, or both.
- 3rd Degree Gross Misdemeanor DWI Charges: You can be charged with a gross misdemeanor if one aggravating factor as described above is present, or if you refuse a chemical test after being arrested.
- 2nd Degree Gross Misdemeanor DWI Charges: If two aggravating factors, or if you refuse to take chemical test after being arrested and one aggravating factor as described above is present. Gross misdemeanor DWI convictions carry a maximum punishment of one year in jail, or a fine $3,000, or long-term probation, or all three.
- 1st Degree Felony DWI Charges: A violation of Minnesota’s DWI laws with three prior DWI convictions or alcohol related losses of license within the last ten years, or a prior felony DWI, or criminal vehicular homicide/operation conviction. Felony impaired driving convictions are subject to felony sentencing guidelines and mandatory minimum sentences. To learn more details about felony DWI charges and sentencing for felony DWI convictions, click here.
- Minn. Stat. 609.21 – Criminal Vehicular Operation (gross misdemeanor or felony): Either operating a motor vehicle with gross negligence, or in violation of Minnesota’s DWI laws, and causing great bodily harm, substantial bodily harm, or bodily harm to another. It is a felony crime if the operation results in great or substantial bodily harm, and a gross misdemeanor crime if causing bodily harm.
- Criminal Vehicular Homicide: The same conduct as Criminal Vehicular Operation, but where the vehicle operation causes the death of a human being. A Criminal Vehicular Homicide conviction is a felony and carries maximum imprisonment of ten years, or a fine $20,000, or both.
Coley Grostyan can assist you with any of the following charges:
- First time 4th Degree misdemeanor DUI or DWI charges
- Boating, snowmobiling, ATVing while intoxicated
- Enhanced Blood Alcohol
- Felony DWI charges
- Criminal vehicular homicide
- Criminal vehicular operation
- Drinking and driving with children in the vehicle
- Underage drinking and driving
- Breathalyzer refusal/alcohol test refusal
- Drivers License Revocations under the Minnesota “Implied Consent” Statute
- License suspension cases
- Whiskey plate avoidance
- Vehicle forfeiture and seizures
- Probation violations
- Plate Impoundment for alcohol-related driving accusation
- Car or Vehicle Forfeiture actions based upon a drug and alcohol-related driving accusation
- The “B-Card” alcohol restricted license, or a Minnesota Statute § 171.19 Petition
Do not risk your license and your future. Your best legal defense is to contact Minnesota DWI lawyer Coley Grostyan as soon as possible. With a thorough knowledge and understanding of Minnesota alcohol and drug related driving offenses, Coley has the education and experience necessary to fight for the best possible outcome in your case.
Contact Coley Grostyan Today
Minneapolis DWI attorney Coley Grostyan is always accessible and responds to the needs of his clients 24 hours a day, 7 days a week. For flexible and affordable payment options, confidential and personal service, aggressive representation, and a free initial consultation, contact Coley Grostyan today at (612) 747-2254.
Coley Grostyan represents individuals charged with driving while impaired (DWI), and all other impaired driving related charges in the Twin Cities Minneapolis/St. Paul Area, and all across the State of Minnesota, including, Hennepin County, Ramsey County, Anoka County, Sherburne County, Wright County, Dakota County, Washington County, Carver County, Scott County, Isanti County, Mille Lacs County, Kanabec County, Pine County, Crow Wing County, and Stearns County