Minnesota dwi chARGES

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DWI charges are the most common crime charged against good people that often times just didn’t realize that although they didn’t feel the effects of the alcohol, they were actually over the limit of .08 Blood Alcohol Concentration (BAC).  In fact, for most of our clients the DWI charge is first time they have ever been charged with a crime in their life.  For other clients, it is their second, third, or fourth or more DWI, and they are facing some very severe consequences if they are convicted of another DWI.  

Regardless of whether it is a first offense as a DWI, or someone that has had previous DWI convictions, our experienced criminal defense lawyers know the way to achieve the best possible outcome.  We always recommend a two pronged approach to achieving the best possible outcome.  The combination of this two pronged approach assures our DWI clients will get either; a dismissal, a not guilty verdict, or the least severe consequence if a dismissal, or not guilty verdict is unlikely based upon the evidence.

The first prong of the DWI defense strategy is the technical legal defense that is based upon the evidence collected, and the procedures used to collect the evidence by law enforcement.  Once we are retained, our first step in defending a DWI case is to DEMAND THAT THE PROSECUTION PRODUCE ALL THE EVIDENCE!  This means we will get the squad video from the squad car, the video from police that are wearing Body Worn Cameras, photographs, recordings of any 911 calls,  all witness statements, all police reports, the recording of the mini Miranda warning (also known as the Implied Consent Advisory). It is ONLY AFTER THE DETAILED ANALYSIS OF THE EVIDENCE that the best legal strategy can be determined.  It is very simple, any lawyer, no matter how much they get paid, are not magic!  This is the same evidence that a judge or a jury may see in a hearing or a trial so this is the most important factor in determining the strength of the DWI defense.  

Our experienced criminal defense lawyers will leave no stone unturned to find and establish the best DWI defense.  The best DWI defense strategy involves suppressing evidence because the police did not follow correct procedures, or violated constitutional protections in order to illegally obtain the evidence in DWI cases.  We have a strong history of finding these defenses wherever they exist within the evidence in the case.  We don’t lie to people to get them to hire us, we analyze the evidence, allow our clients to review the evidence, and lay out the best DWI defense based upon the evidence together with our client.  Any criminal defense lawyer making promises that has not reviewed the evidence, is simply incapable of knowing the best and worst case scenario.  DWI cases are hard to win, but DWI CASES CAN BE WON, especially when we have successfully suppressed illegally obtained evidence and the prosecution cannot use it at trial. 

The second prong of our recommended two pronged approach for a DWI defense involves putting our client in the best possible light before any decision regarding the consequences is made.  Key to this prong is highlighting all of the positive things our clients have done since the DWI charge to address any concerns a prosecutor or judge may have.  This is the rehabilitative approach.  If the evidence is unfavorable to the defense, we don’t just give up.  In the event that we are unlikely to get a dismissal or a not guilty verdict, we want to present our client as a person that has done everything within their ability to take positive steps after the DWI occurred.  This approach is focused around completing those things that we know from our experience, that will affect the sentence and outcome. We want the best possible outcome from the prosecutor, or judge so we  put you in the best position to receive leniency.  To achieve this we help our client’s get a Chemical Use Assessment, complete any recommendations, complete any programming, and get our clients legal to drive again.  We are not afraid to go strait to the judge without any bargain from the prosecutor, if the prosecutor is demanding to harsh of a consequence.  

This combined DWI defense strategy is also very effective for our clients that are defending their second, third, or even a fourth offense.  We defend our clients that are accused of gross misdemeanor and even felony level DWI offenses.  The rehabilitative prong is extremely important to the DWI defense strategy for those facing second, third, and fourth offenses.  All of these subsequent offenses, if convicted, will require mandatory jail penalties by Minnesota Statutes.  That means that these offenses send people to jail as a matter of law that the judge must follow.  These cases often times have a vehicle forfeiture as an additional harsh consequence of a conviction, along with lengthy driver license revocation periods.  You can be assured that every possible course of action is analyzed to establish a DWI defense strategy that will assure you the best possible outcome, even if the outcome cannot be a dismissal or not guilty verdict.  We know what we are doing, and we do what we know is best for you!  

Rest assured you have made the right decision when you decide to call us, even if it is to just give you good advice over the phone as you decide how you want proceed in your particular case.