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Driving under the Influence (DUI) is a serious offense that can result in life-changing consequences. Without the guidance of an experienced DUI defense attorney, you could face vehicle forfeiture, costly fines, license suspension, or even lengthy jail time.
Many people fail to understand their rights and do not seek the help of a seasoned lawyer, instead choosing to believe the following DUI myths in Minnesota without regard for the long-lasting repercussions of a DUI charge.
According to Minnesota Statutes § 169A.20, it is illegal to drive with a blood alcohol concentration (BAC) above 0.08 percent. For drivers under the age of 21, the “Not a Drop” law (Minnesota Statutes § 169A.33) prohibits any amount of alcohol consumption while driving.
When an individual gets stopped for an alleged DUI violation, a police officer typically conducts a field sobriety test and breath test to determine the driver’s level of intoxication. Too many people believe the myth that you cannot be arrested for DUI if you are below the legal BAC limit. Even if the BAC is below the legal limit, if the driver shows considerable signs of impairment, the officer may make an arrest if they believe it is unsafe for the driver to continue operating the vehicle.
Do not believe the myth that you will not get charged with a DUI if you decline a BAC test in Minnesota. According to Minnesota Statutes §169A.51, drivers who operate their motor vehicles on public roadways are subject to the implied consent law, which gives a peace officer the consent to perform a breath test if they have reason to believe the person is driving under the influence of alcohol.
Failure to submit to the breath test is a punishable crime that may result in automatic license revocation. Refusal of the test may also be used as evidence against the driver if the case goes to court.
It is a common myth that a DUI charge does not result in jail time in Minnesota. There are four degrees of DUI offenses, each having different aggravating factors and punishments. While the penalties vary, jail time is a possibility for each level, with mandatory minimum jail sentences of up to seven years, depending on the severity of the crime.
Even the most basic fourth-degree DUI charge with no BAC test refusal or aggravating factors is considered a misdemeanor and, if convicted, could result in a 90-day jail sentence along with a $1,000 fine and 90-day license suspension.
While many people believe that you should answer all police questions when stopped for a DUI in Minnesota, this is a myth. While you should be forthcoming and present proper identification and proof of insurance, you should not answer any other questions before consulting an experienced lawyer.
Many people make the mistake of lying to the police when they get pulled over, which can lead to further criminal charges. Instead of lying, seek the counsel of an attorney before making a statement.
This is a myth, as a DUI charge in Minnesota can result in serious, long-lasting consequences. Legal representation is essential for navigating the legal process, and an experienced lawyer has the expertise and resources to build a strong defense, challenge evidence, and negotiate a plea bargain when possible, to protect their clients’ rights.
Even with a clean criminal history, a DUI arrest may have a devastating impact on your life, significantly impacting future personal and professional opportunities. Hiring an attorney could help debunk common DUI Myths in Minnesota and defend you against intoxicated driving allegations to achieve the best possible outcome. Call today to schedule a free initial consultation.
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