The reality of a DWI charge can feel like a heavy burden. You’re acutely aware of the potential fallout—a tarnished reputation, financial strain, and even the possibility of jail time. It’s easy to feel overwhelmed and hopeless, but before you give in to despair, remember that every case is unique. There are common defenses available that can challenge the accusations against you.
At Wolfgram Law Firm, we understand the stakes involved in a DWI charge. Our attorneys will navigate this challenging situation on your behalf and ensure that your case is resolved as favorably as possible.
In Minnesota, it is against the law to drive with a blood alcohol concentration (BAC) of 0.08%. In addition, you can get a DWI even if your BAC is under .08. If your driving ability is impaired, Penalties escalate with repeat offenses.
A first-time offense typically results in misdemeanor charges, fines, possible jail time, and license suspension. Repeat offenders face harsher consequences, including felony charges, particularly if aggravating factors like a high BAC (0.16% or higher) or having a child passenger are involved.
One of the first lines of defense in a DWI case is to challenge the legality of the traffic stop.
Minnesota law requires that police officers have a reasonable suspicion to stop a vehicle. If the officer did not have a valid reason to pull you over, any evidence collected after the stop may be deemed inadmissible in court. Our attorneys will scrutinize the circumstances of your stop, looking for any inconsistencies or violations of your rights. If we can demonstrate that the stop was unlawful, we may be able to get your case dismissed.
Field sobriety tests are commonly used by law enforcement to assess a driver’s level of impairment. However, these tests are not always reliable. Factors such as weather, the driver’s physical condition, and even the testing environment can affect your performance.
If you performed poorly on a field sobriety test because of things other than intoxication, we can present this evidence in your defense. Our legal team can highlight any flaws in the administration of the tests, potentially undermining the prosecution’s case against you.
Breathalyzer tests are widely used to measure BAC levels but are not foolproof. Issues can arise from improper calibration of the device, errors in administration, or even physiological factors unique to you.
We focus on the chain of custody and how the sample was handled for blood tests. If there’s any indication that the sample was contaminated or mishandled, it can cast doubt on the accuracy of the results.
Certain medical conditions can mimic the signs of intoxication. For example, diabetes can cause disorientation, and acid reflux can produce inaccurate readings on a breathalyzer.
If you have a medical condition that affects your performance during tests or your BAC results, we will work to ensure this information is presented clearly in your case.
The rising BAC defense is particularly relevant if you consumed alcohol shortly before driving. This defense argues that your BAC was below the legal limit while you were operating the vehicle, even if your post-arrest BAC was over the limit.
Our attorneys understand how to present this defense, emphasizing the timeline of your alcohol consumption and the potential discrepancies in BAC readings. This can be a critical aspect of your defense, and we will meticulously gather the necessary evidence to support it.
Sometimes, there are no legal defenses available in a DWI case. You may be in a situation where you were driving drunk and got caught, and the police did not make any mistakes during your traffic stop that would justify getting the evidence against you thrown out.
In circumstances like this, a lawyer can still be of assistance. A skilled lawyer can work to negotiate a favorable plea bargain with the prosecutor handling your case or argue for more lenient sentencing to the judge. For this reason, anyone facing a DWI charge should retain a lawyer as soon as possible, regardless of whether they plan to plead guilty or not.
Navigating a DWI charge in Minnesota is challenging, but you don’t have to face it alone. Our team at Wolfgram Law Firm understands the complexities involved in DWI cases, from the potential penalties to identifying possible defenses tailored to your situation.
Every case is unique, and the impact of a DWI charge can be far-reaching—affecting your employment, personal life, and driving privileges. That’s why we focus on a comprehensive defense strategy, analyzing every aspect of your case, from the initial traffic stop to the accuracy of any field sobriety tests and breathalyzer results.
You deserve a fair chance to defend yourself. Contact us at 612-584-3675 or fill out our online form to discuss your case, and let us protect your rights and your future.