DWI in Minnesota: Common Questions Answered
At the Law Office of Mark D. Kelly, we understand that a DUI arrest can leave you with many more questions than answers. Below are some of the most common questions we receive from individuals who have been arrested for DUI.
How common is DWI in Minnesota?
Driving while impaired (DWI) is unfortunately a common offense in Minnesota. In fact, one in seven drivers in the state has a DWI on their record. On average, 68 people are arrested for DWI every day in Minnesota. This shows just how prevalent the issue is, and it serves as a reminder that driving under the influence can affect anyone.
Will I go to jail for my first DWI in Minnesota?
You might, but there’s no mandatory jail time for a first DWI offense. Whether or not you go to jail depends largely on the circumstances surrounding your case. Factors like the severity of the DWI, your blood alcohol concentration (BAC), whether there was an accident or injury involved, or if there are other mitigating factors, can all influence the judge’s decision. In many cases, first-time offenders may avoid jail time but could face other penalties such as fines, license suspension, or mandatory alcohol education classes.
What is the most common sentence for a first-time DWI in Minnesota?
The most common sentence for a first-time DWI in Minnesota includes probation, a fine, and license suspension. However, depending on mitigating factors like a high BAC or other aggravating circumstances, you could face longer suspensions, higher fines, or even jail time. The specific outcome will depend on the details of your case and how it is handled in court.
How many drinks can I have and still drive?
Since your BAC is calculated based on a percentage of alcohol in your blood, the number of drinks you can have and still be under the legal limit varies from person to person. Factors like your weight, gender, how much food you’ve eaten, and how quickly you consumed the drinks all affect your BAC level.
In Minnesota, the legal limit to drive is a BAC of 0.08%. However, even if you think you’re under the limit, it’s important to be cautious. If you’re ever in doubt about your ability to drive, it’s always a good idea to find an alternative mode of transportation to stay safe and avoid a potential DWI arrest.
How can I beat a DWI case?
There are technically two ways one could “beat” a DWI case.
- The prosecutor chooses not to pursue the case – While this is rare, it can happen if there are issues with the chain of evidence or the strength of the case. Sometimes sheer luck may play a role, but relying on luck is not a sound strategy.
- Proving your innocence in court – If you choose to go to court, you would need to challenge the evidence. However, if the prosecution has solid evidence, like a strong BAC reading showing you were over the legal limit, beating a DWI charge in court becomes very difficult.
The best way to get the best result is usually to have an experienced DWI lawyer negotiate with the prosecutor on your behalf. An attorney like Mark D. Kelly can help identify weaknesses in the case and work towards a reduced penalty or even a dismissal, depending on the situation.
