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Driving while impaired (DWI) can increase the risk of accidents and injuries to others. As a result, there can be significant consequences for a DWI if you are charged and convicted.
Consequences can include a loss of driving privileges, which can affect how you live and work. A DWI defense attorney could work with you to avoid a Minnesota DWI driver’s license suspension and protect your driving privileges.
A DWI is defined as driving, operating, or being in control of any motor vehicle and is criminalized under Minnesota Statutes § 169A.20. Being impaired can include driving:
Depending on the circumstances, such as multiple DWI convictions and aggravating factors, a DWI can be charged as a misdemeanor, a gross misdemeanor, or a felony. In addition to jail sentences and monetary fines, there are administrative penalties that can include suspension of a driver’s license.
Under Minnesota Statutes § 169A.54, the Minnesota Department of Public Safety must suspend the license of a driver convicted of a DWI for at least 30 days, and the suspension must be extended by an additional 90 days if injury occurs. For drivers under the age of 21, the minimum license suspension lasts for 180 days.
If the conviction is for an aggravated DWI, a suspension could last six years and may require the completion of a rehabilitation program before reinstatement. These penalties for a DWI driver’s license suspension in Minnesota can also apply to off-road vehicles and motorboats. Successfully avoiding a license suspension may require the assistance of an attorney.
A driver suspected and accused of a DWI will need to interact with police and a prosecutor. Doing so on their own reduces the chances of a favorable outcome and could lead to their license getting suspended.
This is why seeking the services of an attorney as soon as possible is vital. A lawyer could make sure that a driver is properly informed of their rights and that any evidence collected complies with the requirements of the U.S. Constitution and the Bill of Rights.
Once a person is charged with a crime, an attorney could begin building a compelling defense, from presenting mitigating evidence to challenging elements of the prosecution’s case. Laboratory tests to determine blood alcohol concentration could be faulty or inconclusive, and the observations of witnesses involved could have mistaken the level of impairment, if any, of the driver.
As the prosecutor must demonstrate guilt beyond a reasonable doubt, an attorney could work to show that enough doubt exists to prevent a conviction or support an appeal of a wrongful conviction. With a DWI attorney’s help, a Minnesota driver could avoid the suspension of their driver’s license.
Driving while impaired can endanger your life and others, and it can lead to a criminal conviction. Among other penalties, you could end up losing your license for months or even years after a DWI.
An attorney could help you overturn or avoid a Minnesota DWI driver’s license suspension, depending on the facts of your case. Schedule a consultation with one of our attorneys to get started as soon as possible.