Minneapolis DWI and DUI Lawyer & Attorney : Brown Law Firm : Minnesota Drunk Driving, Sobriety Tests : Minneapolis, St. Paul, Twin Cities, Minnesota

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 However, the waiver may be withdrawn if the driver communicates a prompt change of mind.

The consultation with a DWI lawyer over the phone need not occur in a private room and may occur in a very public area - even within ear shot of law enforcement. An individual does have the right to meet with a lawyer in person, rather than over the telephone, but the attorney must arrive at the jail within a reasonable amount of time so as to not affect the validity of the blood alcohol testing.

When a driver requests an opportunity to consult with a lawyer, law enforcement must provide them with the means to do so. If a driver is not allowed to do so, a refusal to test may be deemed reasonable under the circumstances.

Most often, law enforcement will provide drivers with a telephone book. If a reasonable period of time has passed between a driver being provided with a telephone and phone book prior to testing and counsel cannot be contacted, the person may be required to make a decision concerning alcohol testing even in the absence of a lawyer. The reasonableness of the length of the time a driver has to consult with counsel varies depending upon the circumstances.

The mere fact that a driver consults with a lawyer does not mean that the right to counsel is satisfied. The law provides that the driver must be permitted to have a "meaningful" consultation with counsel. This means that a driver may have the right to an interpreter if they have a difficult time communicating. The driver must be afforded a reasonable amount of time to actually speak with the lawyer about his or her situation. The case law suggests that a period of approximately fifteen (15) minutes is sufficient to speak with counsel.

• Print
• Comments
• Trackbacks

If your driver's license has been revoked because of a refusal to submit to a blood-alcohol test or because of a DUI charge, you can apply for a limited license in certain circumstances. Any action taken to secure a limited license is done through the Minnesota Department of Public Safety.

The Department will issue a limited license if you need to operate a motor vehicle for purposes of employment, to attend chemical dependency treatment, to provide for the medical, educational or nutritional needs for your family or if you need to attend college or trade school courses.

There is a waiting period in order for a driver with a suspended or revoked license to apply for a limited license. First-time offenders must wait 15 days, while those who face a second DWI must wait 90 days. If an individual has refused to submit to a chemical testing on multiple occasions they must wait 180 days to secure a limited license. The waiting period is one year for those who have had their license revoked as a result of a criminal vehicular homicide or manslaughter charge.

The waiting periods described above double for those who are under 18 at the time of the offense. The same is true if a person's blood-alcohol content was .2 or greater at the time of the offense.

For those who face a third DWI charge, a limited license may not be issued.

• Print
• Comments
• Trackbacks

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.

• Print
• Comments
• Trackbacks

Minnesota Statutes Section 169A addresses DUI  & DWI charges in Minnesota, including first-degree driving while impaired (felony); second-degree driving while impaired (gross misdemeanor); third-degree driving while impaired (gross midemeanor); and fourth-degree driving while impaired (misdemeanor). Driving under the influence, open bottle and other crimes are contained within these statutes as well.

• Print
• Comments
• Trackbacks