If you've been charged with a DWI, you need a lawyer who will do more than hold your hand and plead you guilty. You need a lawyer who will fight for you.
The consequences of a DWI conviction and a license revocation in Minnesota are lifelong. The window to fight drunk driving charges and keep your record clear is limited, and the clock is ticking.
Call today to discuss your case with DWI defense attorneys Jeffrey Sheridan and Randall Kins.
There are four degrees of DWI under Minnesota law, which are based on the following factors and circumstances.
Test refusal or DWI/DUI with three previous DUI/DWI convictions. This is a felony, punishable by up to 7 years in state prison and fines of up to $14,000, as well as a variety of other penalties and release conditions (parole) after release from jail.
Test refusal with one aggravating factor or failing a DWI test with two aggravating factors will result in second-degree DUI. This is a gross misdemeanor, carrying penalties of up to 1 year in county jail and $3,000 in fines.
Drivers who refuse a BAC test or who are found to be under the influence with one aggravating factor will be charged with third-degree DWI. This is a gross misdemeanor, carrying penalties up to 1 year in county jail and up to $3,000 in fines.
Drivers under the influence of drugs or alcohol with no aggravating factors will be charged with a misdemeanor fourth-degree DWI, which can result in a fine of up to $1,000 and up to 90 days in jail.
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Randall took what looked like an unwinnable situation and was able to reduce my DUI to reckless driving. I highly recommend retaining him. He talks to you straight and gives you the facts and what your options are.
I hired Randall Kins to clear up an old charge that was on my record for over 30 years. He was very quick, professional, and kept me informed of the status of his investigation. I was very pleased with his service.
Mr. Randall Kins is a straightforward, client-focused Attorney, he had my best interest from our first meeting. He told me play-by-play how my case would go during that same 1st meeting and it went exactly as he said. Any and all doubts, anxiety, and the burden of having an active case was lifted by a single meeting with Mr.Kins. I had my case dismissed, Mr.Kins delivered everything he promised during our first meeting. I highly recommend You retain Mr. Randall Kins as your attorney!
Randall listened to my case, gave me honest feedback, and helped me along the way. I was charged with a domestic, got the charged down to a misdemeanor and a minimal fine. The charge will also be removed after a year. Randall does an excellent job in negotiations in the courtroom. Is demeanor makes him a winner! Thanks Randall for all of your hard work and communication. Would highly recommend.
Professionalism, smart strategy, expert advice, and kindness make for the exact right combination when a person confronts difficult challenges. The law firm of SHERIDAN & DULAS, P.A., and Randall Kins are exceptional attorneys. They are both professional and personal; providing me with services that made a difficult situation better and provided an amazing outcome for its resolution. I found myself in a terrible situation that threatened all aspects of my life and without the expertise of Randall Kins and his law firm I would have been lost. I highly recommend them and their services. I cannot imagine what I would have done without their help. Thank you so much Randall Kins and SHERIDAN & DULAS, P.A.
I hired Attorney Randall Kins for a criminal matter involving a Felony. Not only did Attorney Kins handle this matter in my favor but did without even a court appearance from me. He was upfront from the start and remained very professional throughout. Thank you Attorney Kins.
I was charged with Domestic Assault (Strangulation) A felony. Randall Kins was the lawyer that was appointed to me in jail that day. I decided to hire him after speaking to countless other lawyers who wanted to charge me a ton of money. Mr. Kin's fee was reasonable and worth every penny . Randall Kins worked tirelessly and fought for me every step of the way. He is a Magic Lawyer. He was always clear and never sugar coated anything. Mr Kins worked every angle and treated me as #1. He also was able to explain my situation to the prosecutor in a way that made them look at the circumstances and ultimately led to my charges being dropped! I would recommend Randall Kins if you are facing any criminal charges. He gets it done. Really Really Awesome Lawyer. If you are having any legal issues hire this man! He will fight for you!
Randall and his team helped me with my case in a very professional way. I have never experienced anything like this before and Randall took the time to explain to me every single detail more than once. Is a very complicated system and he totally took the time to explain it to me. I would totally hire him and his law firm.
I met with Randall due to my 3rd Degree DWI charge. I was shaken, I was scared (because who wouldn't be). He made me feel at ease. He was very informative on how a DWI case goes, there are 2 cases to be fought out. When I told my peers about that, they were surprised because they didn't even know there were 2 sides to a DWI charge. He will fight tooth and nail to get every piece of evidence, study all that is given to him and make sure that you are satisfied with the outcome. I would just like to say that the outcome that I received on my case is the best that I could have ever hoped for. It went from a 3rd Degree DWI down to Careless Driving. I won my case with a lesser charge and I am truly happy about it. All this could not have been possible without the knowledge, trust, and hard work that Randall did for me.
Last year right before the pandemic started, I was charged with a DWI and afterwards it felt like my life was on a downward spiral. After searching online and going to friends for legal referrals it seemed like a dead end with no results. Looking on Avvo I found Mr. Kins through his positive feedback and testimonials; I had a gut feeling that he was the right person for this job and he was! If there is one adjective that can best describe Mr. Kins is a Bulldog, because he will fight for you and make sure you get the best and fairest outcome. He was able to get my DWI reduced to a Careless Driving conviction! I am a highly satisfied customer and will refer anyone to his services.
When you fight a DWI charge, you have absolutely nothing to lose and everything to gain. The worst things the state can do to you have already happened. Perhaps you have already spent a night in jail. You have also lost your license. Whatever the case may be, fighting your DWI charge in court can only make things better. We will give you the best opportunity to defend your freedom and protect your future from a DWI conviction.
At Sheridan, Dulas, Hunstad & Kins, P.A., we never look for quick and easy plea deals. Our clients want to fight their DWI charges, and we do just that. We never back down from a DWI trial, and our team is willing to take any case to a jury if that is the best way to avoid a DWI conviction.
If you are ready to fight your DWI charge, contact our office today. Let’s discuss the specific facts of your case and develop a strategy specifically designed to give you the best defense against DWI conviction.
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There is no difference between these terms. DWI means “Driving While Impaired,” and DUI means “Driving Under the Influence.” Technically speaking, Minnesota law uses the term DWI, but in practice, these terms are completely interchangeable.
The legal blood alcohol concentration limit in Minnesota is .08. However, it’s also important to note that you can be charged with DWI even if you are under the legal limit. If the officer believes that you are under the influence or are impaired, you can be arrested and charged with a DWI even if you test below the 0.8 limit.
Yes. You have a legal right to refuse field sobriety testing. This is also true of a breath test conducted in the field, also known as a PBT. You can refuse any of these roadside tests.
However, even if you refuse these tests, you may still be arrested if the officer believes you are intoxicated. This is where some people get confused. After they arrest you, the officer can then take you to a hospital or police station for a “evidentiary” chemical test of your blood, urine, or breath.
You cannot refuse this test without consequences. Refusing an evidentiary test is a crime and can result in a longer license revocation.
You have a constitutional right to safeguard yourself against self-incrimination. This means that if an officer asks you if you have been drinking, you could say “I would prefer not to say,” or request to speak to your attorney. You have a right to consult with your attorney before you submit to a breath test, so long as it does not unreasonably delay the administration of the test.
If you are arrested with a BAC of .08 or more and are charged with A DUI, you may lose your driving privileges for a period of time. The length of the revocation will depend on a few different factors, such as your BAC, a history of past DUIs, whether you were involved in an accident, and other such circumstances. Regardless of the length, you can obtain either limited or restricted driving privileges during the revocation period.
At Sheridan, Dulas, Hunstad & Kins, P.A., our attorneys fight for you in both criminal and civil court - helping you keep your driving privileges and maintain your freedom.
If you are arrested for a DWI, you may be taken into the police station for processing and put in jail until your information has been processed and you can be released. However, if the arrest is your second or you tested .16 or more, you will likely be held in custody until you have seen a judge and bail is set.
However, it is unlikely that you will face any jail time as part of your penalties if you’re a first-time DUI offender, and there were no aggravating factors, such as having a child in the car or being involved in an accident. Under Minnesota law, first-time offenders can face a $1,000 fine (BAC under 0.16) and 90 days in jail, or a $3,000 fine (BAC over 0.16) and a year in jail.
In practice, actual jail time is extremely rare for these cases. It’s more likely that you will have to submit to EHM (Electronic Home Monitoring) or REAM (Remote Electronic Alcohol Monitoring) in lieu of any kind of jail time. You may also be required to do community service, or complete certain driver education programs related to DWI/DUI.
However, repeat offenders are more likely to have to spend time in jail. Second and third DUI offenses carry heavy penalties, and the fourth DUI offense in 10 years is considered a felony, and could carry up to 7 years in prison.
The short answer is “Absolutely.” No matter what the situation may be, hiring an experienced DWI attorney is the best way to protect your rights after you have been charged with a DWI.
DWI attorneys understand every aspect of the law. Not only can an attorney help you build a better defense and protect yourself from these charges, but they will also assist you as you navigate the complexities of the process, which is very helpful for first-time offenders who may not understand how DWIs in Minnesota work.
The terms "DUI" and "DWI" in Minnesota both refer to the same offense: the act of driving or controlling a motor vehicle while under the influence of alcohol, a controlled substance, or a hazardous substance. It's important to understand both the civil and criminal consequences of a DWI so you can fight against them with the help of an experienced attorney.
When you lose your license, you need to know what to expect. How long will your license be revoked? How can you get it back? Here’s how to fight the consequences of a DUI in Minnesota.
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