While there’s no substitute for hiring an experienced lawyer, learning about the laws that affect your case is empowering. At Sheridan & Dulas, P.A., we regularly publish blogs about topics such as DUI/DWI, family law, and more. Our goal is to make complex legal topics simple so that you can make informed decisions about your specific case.
A BAC of .16 or higher — double Minnesota's legal limit of .08 — is legally classified as an “aggravating factor,” even on a first offense. This changes the situation in some important ways, but it does not eliminate your options.
You can and should refuse the portable breathalyzer test that is given roadside, before an arrest, that is used to help establish probable cause for your arrest. But if you’ve been arrested for DUI, refusing the breath, blood or urine test at the station or hospital is a separate crime.
Beating a DWI charge in Minnesota is simply a matter of holding the government to its burden of proof. Law enforcement and prosecutors must follow strict legal procedures at every step. When they don't, the evidence against you can be challenged and suppressed, often leading to the case being thrown out entirely.