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Driving under the influence (DUI) is a serious offense in Minnesota. Depending on the circumstances, a person can face prison time and hefty fines. A first-time DUI in St. Louis Park warrants a comprehensive legal approach to the defense.
Understanding how DUI laws work can help you make an educated decision about defense tactics. Make sure your rights are protected with the assistance of an experienced DUI attorney.
While St. Louis Park is not a large city, the number of large roads that cross it is impressive. The consequences for a first-time DUI can include:
If a person is charged with driving while impaired (DWI)—which is typically how a DUI is referred to in Minnesota—for the first time, they can face 90 days in prison and a fine of up to $1,000.
In St. Louis Park, a charge is also considered a first-time DWI if it has been 10 years since a person’s last DWI.
The first-time DUI can turn into a gross misdemeanor if there are aggravating circumstances, such as:
In this case, the penalty increases to up to one year in prison and a fine of up to $3,000.
If convicted of either a misdemeanor or gross misdemeanor, the person is likely to lose their license for at least 30 days.
A first-time DUI does not always lead to a conviction. Each case is surrounded by multiple circumstances that lead to a reduction or dismissal of the charge. An experienced DUI attorney could work on some common defenses for a first-time charge in St. Louis, such as:
An attorney can argue that the police officer who stopped the defendant lacked reasonable suspicion or probable cause to do it. For example, if a person is maintaining the speed limit and an officer pulls them over on a “hunch.”
Not all breathalyzer tests are 100% accurate. For example, the test shows a BAC of 0.9 (which is 0.1 higher than the legal limit). The attorney could conduct an investigation and argue that the equipment, which has not been calibrated in months, showed the wrong results.
Some medical conditions or certain medications may affect BAC readings or cause symptoms that mimic intoxication. For instance, the legal team could present medical records and expert testimony explaining that acid reflux caused alcohol from the stomach to enter the defendant’s mouth. This may have led to a falsely high BAC reading.
If the police failed to follow proper procedures during the arrest, the charges may be dismissed. For example, an officer arrested a driver for DUI without reading them their Miranda rights. A lawyer could argue that any statements made by the driver during questioning should be excluded from evidence.
If you have been charged with a first-time DUI in St. Louis Park, you need an attorney to build a strong defense. Otherwise, a conviction could lead to prison time, large fines, loss of license, and other unfortunate consequences.
At BK Law Group, we have a team of criminal defense lawyers who focus specifically on first-time DUI cases in St. Louis Park. Contact us today to schedule a consultation.