DWI - 10 THings to do for your Winning Defense

What should you do if you are arrested for a DWI in Minnesota? Acting swiftly may result in a more rapid license reinstatement and preparation for your DWI defense.

ONE

Why were you stopped? Pay careful attention to the reasons that the officer provides you for stopping your vehicle and any subsequent questions he/she may ask. If reasonable suspicion for the stop or for field sobriety tests is lacking, the case may be dismissed.

TWO

Contact a lawyer immediately. Certainly contact a lawyer before submitting to any breath, blood or urine tests to determine the presence of alcohol. Often a lawyer may be able to discern potential defense even before you are charged!

THREE

Do not refuse to provide a sample of your breath, blood or urine for testing. The consequences of a refusal are often more severe than taking and failing a test. In 2009, the Minnesota Supreme Court ruled that, under certain conditions, defense attorney may discover source codes for breath testing devices. Since the state is unable to produce those codes, often test results can be suppressed.

FOUR

Make a mental note of your surroundings. Reviewing the location where you were stopped may provide important details to impeach the arresting officer on a witness stand. Is the area well lit? Is the ground level and flat? Are there any witnesses present?

FIVE

Remain calm and make a mental note of the procedures that the officer is following. What statements is he recording Is there a video or audio recorder in the room? Did the officer have difficulty with a breath testing device? Did he make statements to you to coerce you to submit to testing? What field sobriety tests were offered? Did the officer demonstrate them? Too often, under stress, driver's lose their ability to pay attention to important details that may provide a defense.

SIX

If you need to save your driver's license you or your attorney must usually notify the Department of Public Safety Immediately. In certain counties you are entitled to immediate reinstatement pending a hearing. Any challenge should be filed within thirty (30) days of your license revocation

SEVEN

If you are unable to immediately reinstate your license, you may often apply for a Limited License to drive to and from your work. This license is available up to sixty (60) hours per week in most instances. However, it is not reinstated automatically. You must apply for that license as soon as you receive notice of your recovation.
EIGHT

Do not confuse the license issues with your criminal court date! Minnesota punishes you by taking your license in a civil proceeding and then punishing you again in court on criminal charges.

NINE

Remember, you are innocent until proven guilty. The government has the burden of proof to prevail on all DWI issues, or refusal matters. If the government meets the burden of proof on only part of the issues, you win. It's the law!
10

TEN

Law enforcement officers must follow very specific procedures in any DWI arrest and processing. Often, they fail to follow the law in one or more of the necessary procedures. All your attorney has to do is knock out one issue to save your license & you avoid the harsh civil and criminal penalties!