Fourth Degree DWI/Over .08/ First Offense in Minnesota
When you’ve been arrested for a DWI (Driving While Impaired) in the Twin Cities or anywhere in Minnesota and you will need an experienced DWI attorney in Minnesota.
Dwi convictions in Minnesota often involve jail time
Please do not be lulled into thinking that a first time DWI is not a serious crime. There are over 45,000 DWI arrests in Minnesota every year. Judges and prosecutors take DWIs very seriously. Some prosecutors are asking for jail time, even for first time offenders and if you were speeding, involved in an accident, had a high blood-alcohol reading, some judges are putting first time offenders in jail.
It is important that your rights are protected under the DUI/ Fourth Degree DWI law in Minnesota and that you are treated fairly.
The Difference Between Driving While Impaired and Over .08
Driving While Impaired does not require a specific blood alcohol level. All a prosecutor has to prove is that the office observed some indication that driver was driving while impaired after the consumption alcohol or some other chemical.
Over .08 stands for “driving with a blood alcohol content of .08 or more. Notice that there is no mention of impairment. The presence of alcohol resulting in test result of .08 or more is a crime and triggers the automatic loss of your driving privileges and may result in the forfeiture of your car, and impoundment of your plates.
Minnesota DWI Law / Over. 08 Penalties Under .16
Loss of Driving Privileges: Usually the first penalty you will feel is the loss of your driving privileges. Other penalties can include the impoundment (destruction) of your plates and possible forfeiture of your automobile. The State of Minnesota can and will take away your driving privileges within seven days of your arrest even before you have had a hearing or stepped inside a courtroom.
A Minnesota DWI charge requires immediate attorney review
What is worse, if you do not take immediate action by filing a Petition for Judicial Determination (look at the back of your seven day temporary license) within thirty days of your revocation the DWI will appear on your driving record and you could lose your privilege to drive for at least 90 days and possibly up to one year. If you tested .16 or more, you could lose your privilege to drive for one year.
Do not confuse your court date with the loss of driving privileges. Your criminal court date has nothing to do with the loss of your driver’s license, forfeiture of your car or destruction of your plates.
YOU HAVE RIGHTS! But you have to act fast.
The first step in fighting a DWI or obtaining the best possible outcome is to retain an attorney with DWI defense experience. Martin S. Azarian Criminal Defense, P.A. has been practicing DWI defense for 22 years, seventeen years in Minnesota. You have important rights, but you must act fast. Remember, your temporary driver’s license is good for only seven days. Wait too long and you will lose your ability to drive a car. Also, you have only thirty days to challenge a DWI. Wait too long and the DWI will appear on your driving record. Don’t wait to go to court, it will be too late.
CAN I GET MY FULL DRIVER’S LICENSE and PLATES REINSTATED in Minnesota?
Yes, in some counties you can have your driver’s license and plates reinstated almost immediately. But you have to call Martin S. Azarian Criminal Defense, P.A. immediately. Martin S. Azarian Criminal Defense, P.A. can have your FULL driving privileges reinstated almost immediately.
As for the criminal penalties a first time DWI offender is looking at:
$1,000 fine and/or 90 days in jail for a 4th Degree DWI with no aggravating factors.
Minnesota Criminal Defense Lawyer Martin Azarian
If you have been charged with a DWI offense you need an aggressive, trusted, honest, knowledgeable attorney; Martin S. Azarian Criminal Defense, P.A. The Law Firm of Martin S. Azarian Criminal Defense, P.A. brings a total of 25+ years of experience to your case.
When you retain him, you get his 25+ years of courtroom experience. What you need is an aggressive representation that can achieve the best possible outcome for you. Whether this is your first, second offense, your third, or your fourth, you need proper representation, so call the Minnesota defense attorney who cares about your case by calling our office at (612) 343-9000 or call 24 hours a day at (952) 451-4987 for a free initial telephone consultation.