DWI

There are 30,000 DWI's on Minnesota roads each year, making it one of the most frequently committed offenses in the state.  Further more, DWI's are one of the more complicated offenses due to the fact that they encompass both criminal law and civil law.  It's important when hiring a DWI attorney to make sure that they're capable of handling both aspects of your case.

The criminal side of DWI's is pretty straight forward.  4th degree DWI's are a misdemeanor.  Like other misdemeanors, they carry with them a max jail sentence of 90 days and a $1000 fine.  For most first offenders, a plea bargain with prosecution can reduce those penalties significantly, including reducing your jail time to a stayed sentence.  

Subsequent DWI's will be prosecuted much more harshly.  2nd and 3rd degree DWI's are gross misdemeanors.  A 1st degree DWI is a felony, and can be punished by as much as 7 years in prison and a $14,000 fine.  

First time DWI's can be charged as 4th, 3rd, or 2nd degree DWI's depending on whether or not there are aggravating factors.  Aggravating factors include having a minor in the vehicle or having a blood/alcohol content of over .20.

Whether you are charged with a 4th degree or a 1st degree DWI, having competent legal counsel is extremely important in making sure you're case is properly handled.  There are many defense techniques that can be used to get evidence thrown out and result in a dismissal or acquittal even if you blew over the legal limit.  Call or email an attorney with The Law Office of Brodie Hacken today to determine what options you may have moving forward in the criminal side of your case.

The civil side of things is where the complications start.  As you probably know, being charged with a DWI almost always results in your driver's license being revoked for a period of time.  This period of time varies based on the degree of DWI you are charged with.  Simply being acquitted of the criminal charges or having them dismissed does  not clear up your license issue.  That process is called an Implied Consent Hearing.  It is essentially a civil law suit brought by you against the Commissioner of Public Safety that goes to determine whether or not enough evidence exists for the Department of Public Safety to revoke your driver's license.

When you are first charged with a DWI, you are given a document that informs you that your license is now subject to revocation and that you have been given a 7 day temporary license.  Once those 7 days are up, your license will be officially revoked.  By MN law, you only have 30 days to contest this revocation.  If you fail to request an Implied Consent Hearing within those 30 days, your license will remain revoked for at least 90 days and you will have no recourse.  It is very important to contact a MN DWI attorney as soon as possible after being charged with a DWI in order to get the process of contesting your Implied Consent revocation started.

Also, in some metro counties, you can be granted a temporary stay of your license revocation pending the result of your Implied Consent Hearing.  These counties allow for this because of the length of time it takes to get Implied Consent Hearing scheduled.  By contacting an attorney with the Law Office of Brodie Hacken, you can find out whether you may be eligible for such a stay of your revocation.

If you have been charged with a DWI, you need legal representation.  Call or email a Minnesota DWI defense attorney with The Law Office of Brodie Hacken today to get your defense off the ground.