If you’ve been charged with a DUI in Minnesota, you’re probably thinking that you’re out of options — but you’d be surprised.
The truth is: you can beat a DUI charge. But it takes the right strategy — and the right attorney.
I’ve been a DUI defense attorney since 1987, and I’ve handled thousands of DUI cases. I’ve seen firsthand how presenting a strong defense can lead acquittals, dismissals or at least to reduced charges.
In this article, I’ll break down the top 7 most effective DUI defenses that have helped my clients walk away with their future intact.
Here’s what most attorneys won’t tell you: We know the criminal code better than police officers do. They want to arrest you to bump up their numbers, and they’re likely to cut corners to do that. These are the points we’re going to argue about in court — with the ultimate goal being to keep your record clean.
Common DUI defenses
1. You weren’t given a chance to contact an attorney
In Minnesota, you have the right to consult with an attorney before taking a chemical test, as long as it doesn’t “unreasonably delay the administration of the test”.
A real case out of Minnesota, Friedman v. Commissioner of Public Safety (1991), shows how this works in practice:
Joy Friedman was arrested for DWI after failing a preliminary breath test. Police took her to the station for a chemical test and made her wait ~25 minutes because the Intoxilyzer was in use. During that wait, Friedman asked whether she could consult an attorney. The officer refused. Then, after being questioned on videotape and receiving the implied consent advisory multiple times, she expressed confusion about her rights. But since she didn’t have access to a lawyer before deciding whether to take the chemical test, the court found that her constitutional right to counsel under Minnesota Constitution, Article I, Section 6 was violated.
If the officer denies or limits your access to a phone call or rushes you through the process, any evidence gathered afterward (the test) might be thrown out.
2. Field sobriety tests are unreliable
Field sobriety tests (FSTs) are notoriously flawed. They're subjective, and even sober people can fail them if they’re confused, have physical limitations, or are under stress (as people are when they’ve been pulled over by the police).
Additionally, officers must follow strict procedures when administering these tests. If they used non-standard tests or gave poor instructions, that’s a red flag we can challenge.
3. Problems with portable breath tests (PBTs)
The handheld breathalyzer cops use at the scene are not reliable.
These devices need regular calibration and maintenance to stay accurate. On top of that, common conditions like heartburn or even mouthwash can create false positives due to residual mouth alcohol.
If there's any question about how the preliminary breath test was handled, we’ll find it.
4. Chemical testing mistakes
Blood and urine tests are supposed to be airtight, but they’re not always.
The lab must follow strict scientific requirements for the test result to be accurate. If samples aren’t handled correctly, are stored improperly, or are analyzed using questionable methods, we can challenge the validity of the results.
We can even have blood samples retested — and if we find discrepancies, we can also use our own evidence to challenge the state’s results.
5. Your Miranda rights weren’t read
If you were arrested and the officer started asking you questions without reading you your Miranda rights, any statements you made might be inadmissible in court.
This could include admissions that seem minor but can be used to build a case against you.
6. The traffic stop wasn’t legal
Police need a valid reason to pull you over in the first place.
If they stopped you based on a hunch, or for something vague like “weaving within your lane,” that’s a violation of your Fourth Amendment rights. And If the stop was illegal, all evidence that came after it can be excluded from your case.
7. You weren’t actually driving
To convict you of DWI in Minnesota, the state must prove you were driving, operating or in physical control of the vehicle. But the legislature has not defined any of those terms.
So if you were sleeping in a parked car or just sitting in the driver’s seat with the engine on to keep from freezing, are you guilty of a crime? That is for a jury to decide. So we can argue, regardless of the cop’s opinion, that you weren’t actually intending to drive.
Should you accept a plea bargain?
Whether or not a plea deal is in your best interests will depend heavily on the specific deal the prosecution offers, as well as the unique facts of your case. That said, most defense attorneys rush to make plea bargains, assuming it’s the best-case scenario.
But that’s rarely the case. The penalties for a DWI in Minnesota (losing your license, steep fines, jail time, and the collateral consequences on employment, custody, housing, and personal liberties that most lawyers neglect to mention) are so severe that the usual plea offers are unreasonable to the point of being little different than the worst outcome losing at trial.
This is why I take a different approach — I force the state to actually prove their case. I don’t make it easy for them. I demand that they provide all the evidence related to your charges. It takes time to go through it. But anything less leaves you without a full defense.
There are plenty of lawyers that will tell you to just “plead guilty and get it over with.” But you are not getting it over with. Instead, you are simply starting a new chapter in your life. The chapter where you are now a convict. You won’t hear that from me. My promise to you? I’ll do everything I can to find a way to prevent this from becoming a permanent part of your record and your life.
How much does a DUI attorney cost?
Hiring an experienced defense attorney can be costly. But an experienced attorney can go through every detail of your case to find ways to win, not just close their file. There is a lot of truth to the old saying, “There is nothing in the world more expensive than a cheap lawyer.”
You might wonder if you can afford a good lawyer. But ask instead: Can you afford to have a criminal record? Beyond just facing jail time or steep fines, the consequences of being a convicted person are not to be ignored. It can make it more difficult for you to obtain employment, get custody of your children, or rent an apartment or home. And if you’ve been convicted of a felony-level crime, you will be stripped of the right to vote and bear arms.
While you might be able to save some money in the short term by hiring a cheap lawyer, you will never be able to get back your peace of mind. You will always wonder if you did everything you could to give yourself the best possible future.
Don’t allow this one mistake to determine the course of the rest of your life. Schedule a free consultation with me now to get started.