Minnesota DWI Lawyer & Attorney : Minneapolis DWI Defense Law Firm : Brown Law Offices : St. Paul, Twin Cities MN

If you've been charged with a DWI in Minnesota, you have three options for representation: (1) the public defender; (2) represent yourself; or (3) hire a private DWI lawyer. While many handle their case themselves or work with the public defender, it is probably in your interest to retain the services of an experienced, reputable DWI defense lawyer.

Public defenders are, contrary to popular belief, exceptional attorneys. Many view them as government lawyers who do nothing more than move piles of indigent defendants through the courts. A former colleague was known in the local jail as "Penitentiary Pat" and I've heard may referred to as "public pretenders." Nothing could be further from the truth.

Despite the respect they deserve, there are some significant disadvantages in working with a public defender if you've been charged with a DWI. First, the amount of time a public defender may devote to your file is substantially less than private counsel. They are simply assigned too many cases. Second, when you go to court, you will likely be one of dozens of clients they represent that day. Be prepared to wait a while to speak with your lawyer - and then only for a few minutes. Third, you have no say in who your public defender is. If you don't click with your attorney, you're out of luck. Finally, the public defender will not handle the implied consent portion of your case with the Commissioner of Public Safety. If you wish to recover your suspended license or challenge the validity of the stop, only private counsel will advocate for you.

What about representing yourself? Because of the serious consequences that flow from a DWI, it is not advised to go it alone. I know from firsthand experience that plea offers can turn far more attractive when an individual is represented by counsel. A recent client went to court without a lawyer for his first appearance. The prosecutor told him he would offer nothing less than ten days of jail time as an offer to resolve the matter short of trial. We were retained and went to the next appearance with him. The prosecutor agreed to a plea deal that called for no executed jail time. Yes, a skilled DWI defense lawyer at your side does make a difference.

A reputable DWI lawyer will raise all of the favorable constitutional and evidentiary issues involved in your situation and assess the merits of your case in light of the county you are charged in and judge you are appearing before. No matter how intelligent or smooth an individual may be, a defendant charged with a DWI will rarely handle their matter as well as an experienced DWI attorney.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Being in "physical control" of a motor vehicle under Minnesota's DWI statutes encumpasses a broad range of behaviors. At one point, "actual" physical control of  a vehicle was required, but that phrase was removed from the DUI statutes many years back. In order to convict someone for drunk driving, the State must demonstrate beyond a reasonable doubt that the defendant was in "control" of a motor vehicle.

"Control" under Minnesota law means that a driver is: (1) in a position to exercise control over a vehicle; (2) has the means to initiate movement of a vehicle; and (3) is in close proximity to the operating controls of a motor vehicle. The fact that someone is located near a vehicle is not sufficient to establish physical control.

The ultimate question comes down to whether a person is in a position to drive, not whether they actually drove. As a result, an intoxicated individual sitting behind the wheel of a motor vehicle that is not running may still be charged with a DWI. Of course, many unique circumstances may give rise to a legitimate reason for an intoxicated individual to sit at the controls of a car in the absence of an intent to drive, including inclimate weather, sleeping or some other emergency situation. Such cases come down to the intent of the driver and the validity of the surrounding circumstances.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link