Driving Penalties Defended By A DWI Attorney In Rochester, MN

March, 2014 by

Minnesota drunk-driving laws have increased the need for a DWI Attorney in Rochester MN. The state has initiated a state-wide zero tolerance for minors who choose to drink and drive. The law stipulates that breathalyzer testing is not required for a conviction as any level of intoxication for minors is a crime. This implies stricter enforcement for the sale or distribution of alcohol to minors, which ultimately leads to juvenile-based DWI or DUI.

Penalties for DWI in Minnesota

First-offense DWI does not require a jail sentence. It does require minimum fine of $1,000 and license suspension for up to a year. Extended license suspension duration is dependent on several factors. They include blood-alcohol content of over 0.20, minor passengers under 16, and aggravating circumstances.

Second-offenses with a BAC of 0.20 require a criminal penalty of thirty days in jail with a $1,000 fine. Any BAC that is over 0.20 results in one year in jail, a $3,000 fine, and seizure of the driver’s vehicle. The same criminal penalties apply if a minor child is a passenger. The DMV-imposed penalties reduce the legal limit to 0.16 and result in one-year license suspension, ignition locking device for one year, and impounding of the vehicle license plate.

All convictions remain on the driver’s record for ten years. Reinstatement of driving privileges requires chemical health assessment, $680 reinstatement fee, and an application fee for a new driver’s license. A DWI Attorney in Rochester MN can fight to have a newly-acquired DWI reduced to a first-offense after a ten-year period without convictions.

Any refusal to consent to a breathalyzer test is an immediate one-year license suspension. Minnesota law implies that consent is given to law enforcement at any time a driver chooses to drive while intoxicated. The driver’s Miranda rights to a DWI attorney in Rochester MN are not granted until after the arrest.

Plead-Bargains for DWI

Wet reckless driving is obtainable for first-offense DWI. A DWI Attorney in Rochester MN can address the judge to acquire the plead-bargain on your behalf. Acceptance of the plead-bargain; fines or community service assignment is at the judge’s discretion. License suspension is eliminated when the driver agrees to install an ignition interlock device in their vehicle.

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