DUI is one of the most common crimes that Minnesotans are arrested for. It can happen in the blink of an eye, you go from driving home after dinner to being asked about “how much” from a police officer with a flashlight in your face. Almost as suddenly you’re being asked to submit to a portable breath test and placed under arrest. Many people are so shocked and embarrassed after a DUI charge that they want to plead guilty just to “make it go away”.
Consuming alcohol and then driving a car is legal assuming you are under the limit of .08%, which is why police and highway patrol will give a breath test; to determine your BAC (blood alcohol concentration). Even if you are found to be over the legal limit, there are defenses available. Do not assume you are guilty; contact an experienced DUI defense lawyer before it’s too late.
In Minnesota, any blood alcohol level of .08 or higher will subject you to conviction. However, your driving skills are affected from the first drink of alcohol. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.
It is not the number of drinks alone that determines how high your blood alcohol levels are. Wine, beer, mixed drinks and hard liquor have different percentages of alcohol so it’s more important to focus on how much total alcohol you have consumed over a certain period of time. Additionally, your impairment and your blood alcohol levels are influenced by gender, age, weight, amount and type of food you have eaten, medications, and other factors.
The answer is almost always “yes” because refusing to do so is considered a Gross Misdemeanor in Minnesota. If you refuse to take a test when you are stopped your license may be revoked for at least a year.
I tested under the legal limit and I’m still charged with DWI, is that legal? The answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if the alleged improper driving conduct establishes that the driver is “under the influence” of alcohol.
Police typically use three methods of determining whether a driver is impaired:
Do not make the mistake of going to court unprepared and without a lawyer. There are time constraints that we need to work within for a comprehensive and effective DUI defense. Contact me right away to protect your driver's license, freedom and future.