An initial consultation is the first step toward securing a future that isn't limited by the mistakes of your past.
My job as an attorney is to help turn what can feel like a daunting and hopeless process into a clear plan that sets you up for the best possible outcome.
A good consultation goes both ways. While I'm learning the facts of your case, you’re deciding whether I'm the right attorney to handle it.
The questions below are the ones I'd want you to ask any lawyer before you hire them:
1. What actions can I take to improve the outcome of my case?
In short: Undergoing a Chemical Health Assessment, completing any recommendations of that assessment and community service can all help.
I often hear clients ask, "Is there anything I can do right now to help myself?" Almost always, I say yes.
Depending on your situation, that might look like:
- Complete a comprehensive chemical health assessment with a licensed evaluator.
- Completing any recommended programming.
- Attending a Victim Impact Panel.
- Gathering character reference letters from people who know you well.
While not strictly necessary, these steps can show the court and the prosecutor that you’re taking this seriously and making an effort to act responsibly.
In a similar vein, this also means not taking certain actions — not committing any other crimes during the process, avoiding being intoxicated in public, etc. You don’t want to do anything that makes things look worse.
2. What experience do you have taking DWI cases to trial?
In short: Many attorneys refuse to take a DWI case all the way to trial.
Most lawyers don’t want to take a DWI case all the way to trial and fight about every detail in court. I’ve made a career doing just that — and no, it’s not the easy way. But it is the only way to get your charges dismissed.
I’ve seen what the impact of having a criminal record is. It’s not just the penalties and fines most people are worried about. It’s the way it affects your ability to get a job or rent an apartment, to travel or maintain custody of your children.
In other words, the consequences of a criminal record go far beyond the initial penalties. It stops you from leaving this mistake in the past.
Minnesota used to have a 10-year-lookback for DUI cases. Now, they’ve extended that to 20 years. And because a DUI is a felony in Canada (and felons cannot cross the border), the case must remain on your record in some capacity… well, forever.
One mistake doesn’t call for a lifetime of punishment. That’s why I encourage my clients to fight. You may not think you have options, but you’d be surprised.
My job is to give you the best possible outcome, and that’s what I do.
3. What kind of defense strategy will you use in my case?
In short: There's no single defense that fits every DWI — and the right strategy for you depends on the details of your case.
You should be skeptical of any attorney who promises a particular outcome before they've reviewed the details.
A real strategy comes from understanding:
- how the traffic stop happened
- whether the officer had a valid reason to pull you over
- how field sobriety tests were administered
- whether the breath or blood testing was done correctly
- whether your rights were respected at every step
What makes a DWI case weak? Usually it comes down to problems in how the evidence was gathered — an unlawful stop, an improperly calibrated testing device, a gap in the chain of custody, or a procedure that wasn't followed. Minnesota’s impaired driving laws occupy 56 pages of the criminal code book. That’s 56 pages worth of opportunities for officers to screw things up.
A good attorney knows exactly where to look for those screw ups and how to use them to your benefit.
4. What is the likely outcome of my DWI case?
In short: No honest attorney can guarantee a result, but a good attorney can give you a realistic range of outcomes based on the facts, your record, and their experience with cases like yours in that jurisdiction.
Ask the attorney to walk you through the best-case scenario, the most likely scenario, and the worst-case scenario — and what would push your case toward each.
5. What are the potential penalties I might face?
In short: Penalties vary, so ask about your case specifically.
In Minnesota, DWI penalties depend on the circumstances. Aggravating factors include:
- your blood alcohol concentration
- whether a minor was in the car with you
- whether you have prior offenses
The various factors in your case influence the penalties you’ll face. Penalties can include fines, license revocation, and in more serious cases, jail time.
A good attorney will lay out the range you're realistically facing based on your charges and what factors could reduce those penalties.
6. How do I get my driver’s license back?
In short: The window to challenge your revocation is short — act quickly.
For most people, license revocation is the part of a DWI that disrupts daily life the most — getting to work, taking children to school, and meeting basic needs all depend on it.
Your driving privileges are handled separately from your DWI charge — and what most people don’t know is that you only have a very limited amount of time to challenge your revocation. The sooner you talk to an attorney, the more options you're likely to have.
There are several paths to regaining driving privileges, whether that’s temporary reinstatement, getting a limited license or the ignition interlock program. Your attorney can help you sort out the best option for your situation and needs.
7. Should I consider a plea deal or fight my charges?
In short: There's no universal answer to this and there’s no one best plea for a DUI. In some cases, taking a plea might not be the right move at all.
The ultimate goal is to ensure, if possible, that no alcohol-related offense remains on your driving record. Sometimes that can be accomplished in a negotiated plea. Other times, the evidence has real weaknesses, and fighting the charge gives you a much better shot at getting it reduced or dismissed.
It’s important that the attorney you choose to help you make that call is also an attorney who would actually be willing to contest the case. This connects back to Question 2: an attorney who never takes cases to trial has little leverage to negotiate a strong plea, and little ability to fight when fighting is the right choice. You want someone who will honestly tell you which path is best for you — not the one that's easiest for them.
8. How long will this take to resolve?
In short: How long a DWI case takes to resolve depends on a lot of different factors, such as:
- the complexity of your case
- the court's schedule in a particular jurisdiction
- whether the case is negotiated or taken to trial
In a consultation, your attorney can give a candid estimate of the timeline, as well as what factors can shorten or lengthen it.
9. What does the process look like?
In short: A DWI case can be daunting. An attorney can provide a roadmap.
Your attorney can give you a sense of what to expect, as well as prepare you for the important moments (like the preliminary hearing or your trial). It is important to always remember that a DWI case is actually two cases. The criminal prosecution and the civil case you have to initiate to challenge the license revocation. In Minnesota, you have to fight twice and win twice. That process rarely happens quickly.
10. What should I say in court?
In short: When it comes to knowing what to say (or not say) in court, you want to hire an attorney who can prepare you and guide you through every step.
A good attorney will also remind you that your testimony in court is just one of several factors that a judge will consider when determining your sentence. In some cases, you may not even need to prepare a statement at all.
Either way, you should hire an attorney who helps ensure that your testimony, as well as every other part of your case, represents you in the best possible light.
How to prepare for your DWI consultation
The better prepared you are, the more you’ll get out of your consultation.
Bring any paperwork you have from the arrest — the citation, any documents about your license, and any court dates you've been given. Write down what you remember about the stop and arrest while it's still fresh, and make a list of your own questions so nothing gets forgotten in the moment.
Is there anything you shouldn’t say to an attorney? The answer there is simple — be completely honest with the lawyer representing you. What you tell your attorney is protected by the attorney/client privilege, and they can only build the strongest possible defense if they know the full picture. Holding details back, even embarrassing ones, only limits their ability to help you.
Do you need an attorney for a DWI?
Absolutely. Minnesota’s DWI law is by far the most complicated criminal law on the books. It is the only crime where, despite your presumption of innocence, the state starts handing out punishment before you ever make it to the courthouse. Having an experienced DWI attorney is the only way you will stand any chance of understanding what you will be going through. An attorney is also your best chance at getting your charges dismissed or reduced.
It's always worth it to try to avoid a conviction — and even if you can't avoid one, you can often have your charges reduced significantly with the right attorney.
Either way, hiring a great attorney gives you peace of mind that you got the best possible outcome.
How much does a good DWI lawyer cost?
In most things in life, choosing the cheapest option usually nets "good enough" results. In this area of life, that's not the case. What's at stake — your liberty, your record, your license, your future — is too significant to make cost your only consideration.
That said, cost is still one real factor among several, and you're entitled to a clear answer about it. Ask any attorney how they structure their fees, what's included, and what could change the total. Then weigh that against the other factors that matter just as much: their experience, their willingness to take your case to trial, and whether you trust them to fight for the best possible outcome.
See also: How much does a DUI lawyer cost in Minnesota?
About the author
Jeffrey Sheridan is a highly acclaimed criminal defense and DWI attorney with nearly four decades of experience. Jeff has built a statewide reputation for his innovative arguments and unyielding nature at every level of the criminal justice system: from the trial courts to the Supreme Court.
Jeff was named "Attorney of the Year" by Minnesota Lawyer three times (2005, 2009, 2011) and honored as a "Minnesota ICON" in Criminal Defense (2021). He has also been named the Lawyer of the Year for the Minneapolis/St. Paul region by Best Lawyers in America three times (2013, 2019, and 2026).
Jeff earned his J.D. from the Hamline University School of Law and is widely regarded as one of the only attorneys in the state willing to take DWI cases all the way to trial.
.jpg)