What to Expect When Charged with Drunk Driving for the First Time
A Fourth Degree drunk driving charge, according to Minnesota law, is a misdemeanor. The maximum penalty for such an offense is thirty (30) days in jail and a $1,000 fine. In addition to the criminal penalties that accompany a DUI, the Department of Public Safety imposes its own consequences.
Because the possession of a drivers license in Minnesota is a privilege, and not a right, the Department of Public Safety has the ability to impose whatever conditions it deems appropriate in order for an individual to possess a drivers license. One such condition involves the requirement that every driver submit to a blood alcohol test when asked by law enforcement. A failure to do so results in what is known as an “Implied Consent” violation and, ultimately, a suspension of your drivers license.
That same suspension occurs if an individual submits to blood alcohol testing and is determined to have been in control of a motor vehicle with a blood alcohol content above .08. Some argue that it is unconstitutional to assume that an individual is guilty of such an offense, given the presumption of innocence inherent in our criminal justice system. However, the Minnesota Supreme Court has addressed all arguments time and again and continues to grant the Department the authority to impose such penalties.
Typically, the officer will clip a drivers’ license and give them a seven day temporary driving permit. Once that seven day driving permit expires, the individual's license is suspended for a period of ninety (90) days. First time offenders will appreciate the fact that they can seek a work permit, but cannot do so until two weeks have passed since the initial date of the suspension. The conditional license allows for the operation of a motor vehicle to or from work and, in some circumstances, to alcohol treatment, doctor visits and to care for family members. In order to obtain a conditional license, the accused must meet with a representative from the Department of Public Safety and explain their circumstance. If the agent agrees that a conditional license is appropriate, one will issue.
Once the license revocation period has passed, an individual must reapply for their license. In addition to retaking specific portions of the Minnesota Drivers’ Test geared towards alcohol and its effect on the body, reinstatement fees are required. The expense associated with obtaining a new license can be quite significant. Keep in mind, good DUI lawyers will often scrutinize the basis for the stop in an attempt to throw out the revocation.
In criminal court, first time offenders are typically required to participate in a MADD impact panel, attend Alcoholics Anonymous meetings, participate in a chemical use assessment and complete a class on the impact of alcohol use and driving. Quite often our attorneys are able to successfully suspend any jail time, and have the fine reduced to an absolute minimum. Even though a reduction or elimination of incarceration is achieved, the court continues to hold jail time over a defendant’s head during a period of probation. A violation of any terms and conditions that have been imposed by the court will result in the execution of some of the stayed jail sentence.
