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DUI/DWI Defense

Minnesota DUI/DWI laws are among the strictest in the country, with a legal driving limit of .08 percent blood alcohol content, and there is a limited amount of time that a person has to act and defend their rights following a DUI/DWI arrest. If you are caught driving any type of moving or parked vehicle with a blood alcohol content of .08 or higher, then you could be facing a criminal conviction.

Any DUI/DWI criminal conviction, from a felony to a misdemeanor charge, not only impacts your ability to drive your vehicle, but also can often impact your job, your family and your future business and recreational plans. However, an experienced Minneapolis defense attorney can effectively challenge every conviction. At The Law Offices of Daniel J. Brazil, P.A., our attorneys are proficient in DUI/DWI defense law and provide compassion and understanding to ensure the best possible outcome for our clients.

Why Do You Need an Attorney?

It is critical that you speak with an attorney that is knowledgeable in DWI/DUI defense immediately. DWI/DUI has become a very complex area of law and the penalties have become increasingly harsh. An experienced attorney can help you navigate through the complicated procedures and, in some cases, reduce the charges or penalties associated with a drunk driving charge.

What is the Difference Between a DWI or DUI?

There are notable differences between a DWI conviction and a DUI conviction. A DUI is a criminal offense, which is also referred to as “Driving Under the Influence” or drunk driving. The term drunk driving can be misleading, as one need not be either drunk or driving to be convicted. A DWI conviction stands for “Driving While Impaired”. In order to be convicted of a DWI, a prosecutor must prove that the person was either driving, operating or in physical control of a motor vehicle at a time when the person was either impaired by the use of alcohol and/or drugs, or a test reveals that the person had a blood alcohol level of .08 or more and/or that there was a presence of an illegal drug. To learn more about these differences and the specifics pertaining to your case, consult an attorney at The Law Offices of Daniel J. Brazil, P.A., so we can take you through every step of the process.

Aggravating Factors

Each year, over 30,000 people are arrested in Minnesota for DUI and each person may experience unique criminal penalties depending on the arrest situation, previous driving violations, and their criminal record.

Below are factors that determine your DUI/DWI conviction:

  • If you have a past DUI incident within the ten years prior to your current offense
  • If you refused a breathalyzer, urine, or blood test, depending on what was required at the time
  • If you had a child under the age of 16 in the car with you
  • If you had a blood alcohol reading of .20 or higher
  • The degree of the conviction of your DUI/DWI

Next Steps Following a DUI/DWI Arrest

If you test positive for DUI/DWI, there are several ramifications to your ability to drive that become effective immediately. Your driver’s license may be revoked or cancelled by the Minnesota Department of Motor Vehicles and in most cases you will be given a seven-day temporary license to drive with before the withdrawal of your license. Once your license has been withdrawn, you could face license suspension anywhere from 90 days to permanent cancellation, depending on the circumstances of your case.

Every person in the State of Minnesota has the right to a judicial review of his or her driver’s license revocation. With the right attorney, there are several steps and options to consider following a driver’s license revocation including:

  • Filing a petition with the court and serve notice on the proper government agencies within 30 days of being notified of your driver’s license revocation in order to assign a court date
  • Determining your eligibility for a limited license to drive (work permit), which allows you to drive to and from a job, to chemical dependency treatment, to a postsecondary school, or to provide for family necessities
  • Reinstating your driver’s license

The Law Offices of Daniel J. Brazil, P.A. can help you with all parts of the DWI/DUI defense, including filing an implied consent petition, making sure that your petition for a temporary driver’s license is filed within 30 days as required by law, and attending all required court appearances.

Comprehension of the DUI/DWI administrative procedures is half of the battle and utilizing your right to an attorney is crucial to this understanding. Our Law Offices will make sure that you are aware of all hearings, filing deadlines, and court obligations so that you have the best possibility of success during your DUI/DWI case.

Felony DUI

If your DUI arrest occurred within a 10-year period and consisted of three or more prior offenses, you could be facing a charge of felony DUI. The penalties for a felony DUI conviction are severe that could result in a lengthy prison sentence, making it crucial to have a skilled DUI defense attorney to handle your case.

If convicted of felony DUI, you will be subjected to mandatory minimum sentencing, which includes six months in the local workhouse and a state prison sentence. In addition to jail time, there are also ramifications including fines, alcohol classes, loss of driving privileges, and probation. In some cases, a felony DUI conviction may even cause forfeiture of your vehicle.

At The Law Offices of Daniel J. Brazil, P.A., attorney Daniel Brazil and attorney James Delaplain work closely with clients to minimize the complications from these serious charges. Our professional legal staff will work personally with authorities to stay updated with administrative procedures, obtain evidence, and reach negotiated outcomes. With the right attorney, these outcomes may include a reduction in your charges and related penalties.

Criminal Charges and Canadian Border Crossing Issues

Has your past DUI/DWI conviction created problems for you when attempting to travel to Canada for business or leisurely activities? Admissibility to Canada with past criminal charges has increasingly become complex and problematic. With this new area of practice, The Law Offices of Daniel J. Brazil, P.A. have an in-depth knowledge of the process of Canadian border crossing issues and past criminal charges, particularly DUI/DWI convictions. With this knowledge, we are able and prepared to help you through every step of the admissibility process. Please see more information regarding inadmissibility to Canada by following the link below.

Contact Our Minneapolis Law Firm for Dedicated Defense

The Law Offices of Daniel J. Brazil, P.A. offer a free initial consultation to go over all of the particularities of your DUI/DWI case. At that time, we will assess your situation and go what your charges mean for you. We will aggressively represent every case with determination and personal care. In order to effectively handle your DUI/DWI charge, call our law offices at 612-874-6109 or contact our defense lawyers online.

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