# DWI AND CRIMINAL VEHICULAR CRIMES

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## Minneapolis & St. Paul DWI Lawyers

Under Minnesota law, individuals arrested for Driving While Intoxicated (DWI) face both criminal and civil consequences. Criminal consequences may include jail time, probation conditions, serious fines, and enhanced sentences. Civil penalties may involve loss of driving license privileges and forfeiture of your vehicle. It is important to have an attorney who is experienced with both the criminal and civil consequences involved in a DWI arrest. Ask to speak to a DWI attorney immediately upon your arrest.

At Kassius Benson Law, P.A., we provide experienced representation of individuals charged with DWI throughout the state of Minnesota. We have established a DWI and Criminal Vehicular Crimes Group within the Criminal Division of the Firm in order to provide the most effective, current and relevant criminal defense to these matters.

### DWI Arrests

A driving while intoxicated offense, “DWI”, starts with a police officer or state trooper stopping your car on a public highway. The officer must have an articulable reason stop the car, but it can be as simple as a minor traffic violation or even a defective part on the car (e.g., a broken taillight). The officer will ask the driver questions seeking to get admissions that the driver has been drinking and to assess whether the driver’s speech is slurred and whether there is an odor of alcohol coming from the car. If the officer has suspicions that the driver has been drinking, he will ask the driver to get out of the car and ask him to perform sobriety tests (e.g., one-leg stand, heel to toe walk and verbal tests (counting, spelling)). The officer may ask the driver to take a preliminary breath test (“PBT”). If the driver takes the test and fails it, this is a factor justifying an arrest for driving while under the influence (the evidence of this PBT is not admissible in trial). Failing the test or a refusal to take it, along with probable cause for a DWI, triggers the implied consent law triggering driver’s license revocation consequences. The driver is generally placed under arrest at this point if the officer believes he has probable cause for a D.W.I. and the driver is taken to a police station where an implied consent advisory is read to the driver who either takes another breath test (this one can be used in court) or refuses to take the test. A refusal is a gross misdemeanor crime.

A driver arrested for DWI also faces a revocation of his driver’s license and in some circumstances impoundment of his license plates and even a forfeiture of his car. An experienced lawyer should be retained as soon as possible to provide defense in responding to these consequences.

### Minneapolis DWI Defense Attorneys

Being charged with driving while impaired not only has the potential to impact your ability to drive, it can have a substantial impact on your liberty and reputation. If you are facing DWI charges, it is in your best interest to seek the legal advice of a skilled criminal defense lawyer. Call 612-333-2755 for a free initial consultation with a Minneapolis DWI defense lawyer.

### Consequences of Criminal Drunk Driving Are Complicated

Laws governing DWI and other criminal vehicular crimes are becoming more complex every year. These accusations are combined with harsher sentencing guidelines and additional restrictions on offenders. In addition to criminal penalties, you will be facing administrative penalties including the loss of your driver’s license and collateral consequences such as increases in your insurance premiums and loss of employment.

The attorneys at Kassius Benson Law, P.A. provide skilled representation to people facing charges such as:

First-degree felony DWI

Second degree gross misdemeanor DWI

Third degree gross misdemeanor DWI

Fourth degree misdemeanor DWI

Refusal to submit to testing

Criminal vehicular homicide (vehicular manslaughter)

Hit-and-run (leaving the scene of an accident)

Commercial Driver Licenses (CDL)

It is important to talk to a lawyer as soon as possible about your case. To schedule an initial consultation, contact Kassius Benson Law, P.A. at 612-333-2755.

### DWI Punishments and Penalties

A conviction in a DWI charge may result in significant punishments and penalties. Working with an experienced defense lawyer gives you the best chance to minimize or avoid these potential penalties. If convicted in Minnesota, you face serious penalties:

The seriousness of the offense depends on whether the driver’s conduct involves an “aggravated factor.” There are three aggravating factors:

“Prior impaired driving within 10 years” (usually a prior DWI but it can be a DWI related loss of license)

An alcohol concentration of .16 or more

Having a child under the age of 16 in the car

These aggravating factors determine the seriousness of the offense:

4th Degree DWI – misdemeanor (90 days, $1,000 fine) no aggravating factors

3rd Degree DWI – gross misdemeanor (one year, $3,000 fine) if one aggravating factor or refusal to submit to test

2nd Degree DWI – gross misdemeanor if two or more aggravating factors or refusal plus one aggravating factor

1st Degree DWI – felony dwi and dui

### Implied Consent

After a DUI arrest, there are criminal as well as driver’s licensing ramifications. Our legal team can help you with both parts of your DUI defense, including filing an implied consent petition with the county and making sure that your petition for a temporary driver’s license is filed within 30 days as required by law.

Understanding DUI/DWI administrative procedures and your right to an attorney can be crucial to your defense. We will help you pursue the immediate reinstatement of your license while your case is pending.

As in most states, Minnesota has an implied consent provision. This means that by obtaining a driver’s license, you are consenting to be subjected to tests when pulled over on suspicion of DUI. If you fail a test or refuse to agree to testing, your driving privileges will be revoked for a set period of time. This revocation can effect not only one’s personal driving privileges but also Commercial Driving Licenses (CDLs).

### Protecting Your Rights

Depending on the circumstances, DWI charges can be reduced, or even dismissed. This is especially true when the stop, search, or arrest violated a right to which an individual is guaranteed. Attorney Kassius Benson has the training and experience necessary to identify when the circumstances suggest that the initial stop was not for a valid reason, the field sobriety tests were administered inappropriately, or the breathalyzer or other test was administered incorrectly. When circumstances like these or other important factors arise, Kassius Benson can help you protect your rights. If you have a DWI or alcohol-related driving charge, an experienced attorney can effectively guide you through the court process.

To learn more about how Kassius Benson Law, P.A. can help you, call (612) 333-2755 or fill out the contact us form.

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