I've Been Charged With DWI. What Are The Odds of it Being Reduced?

Potential clients often ask about the chances of a drunk driving charge being reduced. Many factors play a part in whether the odds are in your favor of a reduction.

The county in which your case is venued and prosecuting authority are critical. Each county (or group of counties) has a standard operating procedure when it comes to handling DWI cases. Some counties treat first offenses rather lightly, while others treat them rather harshly. Generally, the further from the metropolitan area you travel, the more seriously such cases are pursued.

The facts of your case are probably more important than the venue. If the State has strong evidence against you, they are less likely to reduce the charge. Situations that rarely warrant a reduction include a blood alcohol content substantially greater than the .08 threshold, a repeat offender, the presence of children in the vehicle and a DUI involving an accident. Cases involving evidence seized illegally and cases involving unsubstantiated police stops often result in a reduction or dismissal of charges.

Lawyers lack the ability to size up a particular case until all of the evidence the State has against you has been examined. It is for that reason that we rarely predict the outcome of a case at the time of a first phone call to our firm.

The Right to Consult with a Lawyer Prior to Blood Alcohol Testing

The Minnesota Supreme Court had held that a driver has the right to consult with an attorney prior to determining whether they will submit to blood alcohol testing under Minnesota’s Implied Consent Statute. This right to counsel is available upon request once a driver is read the Implied Consent Advisory.

Minnesota law requires that a driver be informed that he or she has the right to consult with a lawyer as long as that consultation does not unreasonably delay the blood alcohol test. If the driver does not request the opportunity to consult with a lawyer, the right to counsel is deemed to have been waived. However, the waiver may be withdrawn if the driver communicates a prompt change of mind.
 

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EZ DWI Guide: Publication of the Minnesota Department of Public Safety

The National Highway Traffic Safety Administration in partnership with the Minnesota Department of Public Safety has published a summary of Minnesota DWI & DUI statutes entitled "EZ DWI: A Quick Reference Guide for the Enforcment of DWI and Related Statutes." If you've been charged with a DUI, we know you'll find this information helpful. Click to read the Minnesota DWI EZ Guide.