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.
See what our clients are saying.
I am a commercial truck driver. I was involved in an accident, in my personal vehicle, and cited for "following too close". Randall listen to my story and determined that another motorist had made a bad choice that had played a major role in the cause of the accident. He also found a statute that directly countered the violation I was being cited for. Because I have a commercial driver's license, the citation had to go to trial to have it removed from my record. Randall Kins handled the trial very professionally. He countered maneuvers by the prosecution and executed several measures that advanced and strengthen our case, and ultimately brought about the desired "Not Guilty" verdict I needed to maintain my driving record. In a system that is becoming increasingly difficult for professional drivers to get a fair "shake" in... I would definitely recommend Randall Kins of Sheridan and Dulas to argue in your behalf.
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.
I retained Mr. Sheridan based on reviews from this very site. Those reviews were not wrong. Through a long drawn-out process he never wavered. He guided me in every aspect of the ordeal. He stuck with me till the end. And in the end, the charges were dismissed due largely I believe cause he never stopped fighting for me. I would recommend Mr. Sheridan to anyone in a heartbeat.
Very talented. If you’re facing serious charges you need to be very well represented. Jeff is tenacious.
I was unfairly charged with a domestic assault misdemeanor and I was really terrified. Attorney Randall took on my case and he was very transparent throughout each step. Knowing what to expect and what my options (good and bad) were was very helpful to me. Randall really advocated for me and even went further to ask other third parties involved to help prove my innocence. I will forever be grateful to him. If you are looking for someone who genuinely cares about your story and is willing to go the extra mile then please consider Randall to represent you. He is a real Shark and he is very persistent in ensuring the best interests of his clients.
Randall was extremely helpful regarding my DUI case. I had no idea how to precede or what to expect as this was my first offense. He gave great advice regarding my case and he never rushed anything and kept me updated along the way throughout the long process. He was able to negotiate to get my license back while we waited for the final ruling which was very helpful. I had a great outcome on my case and would recommend him to anyone looking for an attorney.
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!
We hired Randall to handle our DUI case. It was a scary situation and he was an excellent guide throughout the long process. He was able to negotiate getting the license back while we waited for the final ruling which was very helpful. Randall negotiated with the prosecutor back and forth and was able to secure a deal we felt comfortable with and are very happy we didn't go through this alone as surely our outcome would have been MUCH less favorable. Randall also kept us updated along the way, he made himself available to clarify, explain and advise us at any time. I would recommend him to anyone looking for an attorney, your best interests will be very well cared for.
I was charged with 4th degree DWI, in March last year before COVID. This was my first DWI, and me being on a temp visa (H1-B) in the USA, the gravity of the situation is worse compared to a citizen. I could've been deported and would've been denied my work visa and lost my livelihoodI found Randall to be a very charismatic and a confident lawyer, with strong persuasive skills, who knows the loop holes of criminal law and is very knowledgeable in handling DWI cases. His ability to think outside-the-box with my situation, presenting my case in a manner that forced a very old-school by-the-book prosecutor to think twice about how he went about this case and got my case resolved to a careless driving made me absolutely ecstatic with the results that Randall provided.
One year ago today, l stepped over a line l thought l would never cross again. It would have been a much, much worse experience without the help, expertise, and guidance provided by Jeff Sheridan and the team at Sheridan & Dulas. Where there was hopelessness, Jeff provided hope. Where there was embarrassment and guilt, Jeff was nonjudgmental and without bias. Where there was fear of the unknown, Jeff provided a calming presence. Where there was a lack of know-how and knowledge on my part, Jeff provided the requisite skill and expertise to navigate the complexities of our legal and judicial system. Where there was great stress and feelings of foreboding, he helped to alleviate that strain. Jeff gave me back a normal life.
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, 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, our attorneys fight for you in both criminal and civil court - helping you keep your driving priveleges 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.
If you face DWI charges and worry about the impact of losing your license, an ignition interlock device and a limited license could help you remain mobile.
In this blog post, learn more about the changes to Minnesota's DWI Laws in 2021 from experienced DWI Attorneys at Sheridan & Dulas, PC.
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