Lakeville DWI Defense Lawyer

Arrested for Drunk Driving in Lakeville, MN?

If you are facing DWI charges in Lakeville, MN, you must seek experienced legal representation to protect your rights and future. At Tamburino Law Group , P.A., our team of skilled Lakeville DWI defense lawyers has a deep understanding of Minnesota's DWI laws and a proven track record of securing favorable outcomes for our clients. We are here to guide you through every step of the legal process, ensuring you have the best possible defense.

Call (612) 444-5020 or contact us online today to request a free case evaluation.

What is Considered a DWI in Minnesota?

In Minnesota, Driving While Intoxicated (DWI) is defined as operating a motor vehicle while under the influence of alcohol, a controlled substance, or any other intoxicating substance. A person can be charged with a DWI if:

• Their blood alcohol concentration (BAC) is 0.08% or higher.
• They are under the influence of alcohol, regardless of BAC.
• They are under the influence of a controlled or intoxicating substance.
• They have a BAC of 0.04% or higher if they are driving a commercial vehicle.

Minnesota law also considers it illegal to refuse a chemical test (blood, breath, or urine) under the state’s implied consent law. This refusal can result in additional penalties, including license suspension and more severe charges.

What are the Penalties for DWI in Minnesota?

The penalties for a DWI conviction in Minnesota vary depending on several factors, including the severity of the offense, prior DWI convictions, and whether there were any aggravating factors, such as having a minor in the vehicle or causing an accident.

First-Time DWI Offense

For a first-time DWI offense, the penalties may include:

• Up to 90 days in jail
• Fines up to $1,000
• License suspension for up to 90 days
• Possible ignition interlock device installation

Second DWI Offense

A second DWI offense within ten years may result in:

• Up to one year in jail
• Fines up to $3,000
• License suspension for up to one year
• Mandatory ignition interlock device installation

Third DWI Offense

A third DWI offense is considered a gross misdemeanor and may lead to:

• Up to one year in jail
• Fines up to $3,000
• License suspension for up to three years
• Vehicle forfeiture
• Mandatory ignition interlock device installation

Felony DWI

A fourth DWI offense within ten years, or any DWI offense with prior felony convictions, can result in felony charges. Penalties include:

• Up to seven years in prison
• Fines up to $14,000
• License revocation for up to four years
• Mandatory ignition interlock device installation

It’s important to note that each DWI case is unique, and penalties can vary based on the specifics of your case. Having an experienced Lakeville DWI defense lawyer from Tamburino Law Groupcan make a significant difference in the outcome of your case.

Elevated Penalties

Criminal penalties for DWI, as with any criminal charge, will vary drastically on the individual facts and circumstances involved. While prior convictions are a well-known factor for elevated penalties in DWI cases, there are also other factors that can expose defendants to additional penalties, more severe sentences, additional charges, and even felony allegations. Some of these common factors include:

• Driving with a minor passenger
• Being involved in an accident
• Hit and run
• Accidents resulting in injury or death
• Driving with an open container
• High BAC levels
• Driving on a suspended license
• Refusing a breathalyzer test or blood test

Legal Process of a DWI Case

Navigating the legal process of a DWI case in Minnesota can be complex and overwhelming. At Tamburino Law Group, we are here to provide you with the guidance and support you need throughout this process.

Arrest and Charges

The legal process typically begins with a traffic stop or arrest. If an officer suspects you are under the influence, they may conduct field sobriety tests and request a chemical test. Based on the results, you may be arrested and charged with DWI.

Arraignment

After your arrest, you will be required to attend an arraignment, where you will be formally charged and asked to enter a plea of guilty, not guilty, or no contest. It’s crucial to have legal representation at this stage to ensure your rights are protected.

Pretrial Motions and Hearings

Your attorney may file pretrial motions to challenge the evidence against you or to seek a dismissal of the charges. During pretrial hearings, your attorney will negotiate with the prosecution and may work towards a plea agreement or prepare for trial.

Trial

If your case goes to trial, your Lakeville DWI defense lawyer will present your case before a judge or jury, challenging the prosecution’s evidence and presenting defenses on your behalf. The trial will conclude with a verdict of guilty or not guilty.

Sentencing

If you are found guilty, the court will impose penalties based on the specifics of your case. Your attorney can advocate for reduced penalties or alternative sentencing options, such as treatment programs.

Appeals

If you are convicted, you may have the right to appeal the decision. An experienced attorney can review your case for potential errors and guide you through the appeals process.

Common Legal Defenses to DWI Charges

There are several legal defenses that can be used to challenge DWI charges in Minnesota. At Tamburino Law Group, our experienced attorneys will thoroughly investigate your case to identify the most effective defense strategy. Common defenses include:

Unlawful Traffic Stop

If the initial traffic stop was not based on reasonable suspicion of a traffic violation or criminal activity, any evidence obtained during the stop may be inadmissible in court.

Inaccurate Field Sobriety Tests

Field sobriety tests are not always accurate and can be influenced by factors such as medical conditions, weather, or uneven surfaces. If the tests were improperly administered or the results were unreliable, they can be challenged.

Faulty Breathalyzer or Chemical Test

Breathalyzers and other chemical tests can produce inaccurate results due to improper calibration, maintenance, or operator error. Challenging the accuracy of these tests can weaken the prosecution’s case.

Violation of Miranda Rights

If law enforcement failed to read your Miranda rights before questioning you, any statements you made may be inadmissible in court.

Medical Conditions or Medications

Certain medical conditions or medications can affect your BAC or mimic signs of impairment. An attorney can present evidence to explain these factors and challenge the DWI charge.

Implied Consent Challenges

If the implied consent advisory was not properly administered or you were not informed of your rights, the results of chemical tests may be challenged.

Contact a Lakeville DWI Defense Lawyer Today

If you are facing DWI charges in Lakeville, MN, it’s essential to have a dedicated and experienced legal team on your side. At Tamburino Law Group, our Lakeville DWI defense lawyers have the expertise and resources to provide you with the best possible defense. We will work tirelessly to protect your rights and achieve the most favorable outcome in your case.

Don’t face DWI charges alone. Contact Tamburino Law Grouptoday at (612) 444-5020 for a free consultation and let us help you navigate this challenging time.