DUI is the most common offense committed in Minneapolis. It is because there's a thin line between being legally intoxicated and illegal intoxication. Most of the times, the offender does not even realize that he or she is not legally sober and so they take the space behind wheels and end up failing a BAC test administered by law. However if you do get booked for DUI, it is not a good situation to be in and you should immediately get in touch with a Minneapolis DUI Attorney.
What is DUI?
DUI or driving under influence, also known as DWI or Driving While Intoxicated is a crime according to State of Minnesota laws. The Minnesota law states that driving with a BAC (Blood Alcohol concentration) level higher than.08 is a punishable crime and if caught, the person will be subjected to consequences as per the Minnesota DUI laws. Recently the Minnesota laws have been changed to accommodate some other similar offenses. Now you will need services of DUI Lawyer Minneapolis even in following cases.
CVO (Criminal vehicular operations)BWI (Boating While intoxicated) SWI (Snowmobiling While intoxicated)Underage Drinking and driving
What are penalties of DUI?
There are four degrees of DWI charges each having a different penalty. The mildest degree of penalties is in the fourth degree DWI charges and the stringiest penalties are in First degree DUI charges. All cases require that you should hire an aggressive and well experienced Minneapolis DUI Lawyer who can prove your innocence or get you out with minimum penalty.
Fourth Degree DUI - It is classified as Misdemeanor and the offender could end up spending 90 days in jail or paying $1,000 as fine. Third degree DUI - It is considered a gross misdemeanor. Offender faces 1 year in jail and/or $3,000. Offender is booked under third degree if he or she has committed similar offense in last 10 years or the BAC was above.20 Second degree DUI - This is also considered a gross misdemeanor and applied to any person who has two DUI charges in last 10 years or has been caught second time with over.20 BAC levels. First degree DUI - This is classified as a Felony, a very serious charge and it is applicable to those offenders who have been booked 4 times under DUI charges in the last 10 years. Such individuals face up to seven years in Jail and a fine of $14,000.
Test Refusal offense
Refusing to give a chemical test to ascertain your Blood Alcohol levels when asked by a Minneapolis traffic officer is also considered an offense under Minnesota laws. If a police offers stops you under suspicion of driving under influence, it is your duty to allow him to administer a breath, urine or blood test on you. Refusal to give these tests is considered a gross misdemeanor by law and you could face penalties of up to 1 year in jail and a fine up to of $3,000.
Line of defense of Minneapolis DUI Lawyer
DWI laws are constantly being changed because DUI attorneys Minneapolis manage to find new loopholes in it to provide legal relief to their clients. The most common grounds that Minneapolis DUI attorneys use to prepare line of defense for their clients are:-
Wrong arresting procedures - Was arresting officer having reasonable reasons to stop the charged offender's vehicle? Were you read out your Miranda rights as peer the law?
Probable cause for arrest - Was arresting officer having any probable cause for arresting the charged DUI offender? Test procedures - Was the officer trained in administering the required breath tests and BAC tests? Equipment standards - Were the equipment used for administering BAC test of unquestionable quality and standards? Other Test failing causes - Could the charged offender have failed sobriety tests because of other reasons like lack of sleep, medicine allergies, stress, physical disabilities etc?
Escape this time - Be safe in future
Adopting the above mentioned line of defense, a DUI Lawyer Minneapolis can prove with aggressive defense techniques and strategies that the offender was not arrested as per the procedures, or that the test arresting officer was not deft at administering the sobriety tests. Both these scenarios make the charges against the defendant as legally null and void. Intoxication depends upon a number of factors and varies from person to person and even between two different times for the same person.
The Minneapolis DUI Lawyer can use this factual information as a ground for either proving the client's innocence or pleading leniency because of client's slight misjudgment of self-sobriety because of varying levels of intoxication against same Alcohol consumption levels. Apart from these defense options, your DUI Lawyer Minneapolis can go ahead and challenge the very authenticity of test results because of possible equipment malfunction and lack of absolute precision. However, DUI is considered a serious offense as somebody's negligence can cost serious damage to life and property of innocent citizens and so Minnesota laws are very stringent on DUI. It will require a very experienced DUI Lawyer Minneapolis to get you out of trouble but make sure you consider the first offense as your last chance. Next time the judge can be really harsh on you. Watch out your drinks!