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In Minnesota it is not against the law to drink and it is not against the law to drive. It is against the law to drive, operate or be in physical control of a motor vehicle while intoxicated with alcohol or drugs. In Minnesota a person is statutorily presumed intoxicated if a reading of .08 is established during a chemical test. Although the rule against driving while intoxicated seems hard and fast, the facts that lead to the traffic-stop, arrest, and chemical test are not so clear-cut.

Many drivers in Minnesota facing a charge of DWI do not realize the importance of hiring a knowledgeable trial ready attorney to represent them in court. Only an experienced DWI attorney will be able to analyze the facts and the law to determine whether the stop, arrest and the tests are lawful.

In many cases pretrial hearings determine whether evidence obtained by the police will be admitted at trial. Pleading guilty or representing yourself almost guarantees that such evidence will be used against you regardless of whether it would otherwise be admitted. In court if a person fails to object to evidence the evidence will generally be admitted.

The end result of being found guilty of a DWI in Minnesota is loss of license, higher insurance, a criminal record, court costs (fines) and potential forfeiture of a vehicle. Individuals facing the charge of DWI should at the very least consult a lawyer, who can explain what defenses may be applicable and what the person’s options are. Please take some time to browse this the website, look at the frequently asked questions which will aid in your basic understanding of Minnesota DWI law, and contact me at (952) 294-0144 or michael.bolinske@bolinskelaw.com.