DUI

Minimizing The Impact Of A DUI On Your Job And Ability To Travel

Have you been arrested and charged with driving under the influence or driving while intoxicated? Do you fear that you may lose your driving privileges or even face jail time? When faced with all of these concerns, the one thing you can be sure of is that you do not have to face a DUI/DWI charge alone.

We aggressively work to protect your rights if you have been charged with drunk driving. We take a straightforward approach to the defense of DUI/DWI charges. We tell you what you need to know so that you can make informed decisions that are in best interests for the long term.

Minnesota DWI Laws

Minnesota calls impaired driving “driving while impaired” (DWI), although many people still refer to it as a DUI. You can be charged if you drive, operate, or are in physical control of a motor vehicle while intoxicated by drugs, alcohol, or both. 

A blood alcohol concentration (BAC) of 0.08% or higher is considered impairment for non-commercial drivers. For commercial vehicles, the legal BAC limit is 0.04%. Minnesota law also covers impairment from cannabis and hemp products, though the specific rules differ from the ones concerning alcohol and controlled substances.

Minnesota divides DWI offenses into four degrees based on BAC, prior convictions, and aggravating factors:

  • First-degree DWI is the highest level. It applies when your BAC is 0.16% or higher, the DWI caused injury, or you have prior convictions.
  • Second-degree DWI usually involves repeat offenses within ten years or two aggravating circumstances, like a minor passenger or high BAC.
  • Third-degree DWI is the standard charge for offenses with one aggravating factor, or if you refuse a chemical test.
  • Fourth-degree DWI is the lowest level of DWI. It involves impaired driving and no aggravating factors or prior convictions.

 

If you’ve been charged with any degree of DWI, there’s no time to waste. Sjoberg Law Office, P.A., defends clients in Cambridge, Isanti, and Anoka, as well as across Anoka, Isanti, and Chisago counties. Contact us today for a consultation at our Ham Lake offices.

DWI Penalties in Minnesota

Penalties vary by the specific charge and your prior record. First-degree DWIs have mandatory prison sentences of at least three years, plus up to $14,000 in fines and a five-year conditional release after prison. Lower-degree DWIs may include jail time, fines, license suspension, alcohol or drug education, and probation, depending on the circumstances. 

Repeat convictions increase the minimum incarceration time and may also lead to intensive probation or staggered sentencing. 

We Handle All Matters Related To DUI/DWI Charges

From the administrative hearing regarding the suspension or revocation of driving privileges to the criminal proceeding to determine penalties. Our goal at all times is to avoid conviction and/or to minimize the consequences of your arrest. We represent first-time DUI defendants as well as repeat offenders. When you hire us to defend you on a DUI charge, we will immediately obtain the police records so that we can determine whether you have any legitimate defenses.

We will carefully investigate the facts and circumstances to ensure that there was probable cause to make the traffic stop and that you were advised of your rights before any statements were taken. We will also question witnesses and gather evidence to verify that field sobriety tests and intoxilyzer tests were properly administered.

DWI/DWI Frequently Asked Questions

At Sjoberg Law Office, P.A. of Ham Lake, our job is to defend people who’ve been charged with DWI in Cambridge, Isanti, Anoka, or the surrounding areas. It’s important to understand that even a first-time DWI can have a major impact on your life. We know you have questions, which is why we’ve provided the following answers to some you might have.

When you drive on Minnesota roads, you’re assumed to automatically consent to chemical testing. Refusing a test for alcohol or controlled substances can result in at least a one-year license revocation for a first refusal, and longer for subsequent refusals. 

Courts also may consider your refusal to be evidence of impairment. Always consult a lawyer in Ham Lake, MN, to understand potential outcomes. An experienced DWI attorney can help you decide whether to contest or comply with testing.

It depends on your specific case and circumstances. A DWI case often takes months from arrest to resolution. The process usually includes pretrial motions and possible plea negotiations. While many cases are resolved before trial, if you do go to trial, that may add additional time to the timeline. Finally, the timeline depends on the court’s schedule. 

License revocation is mandatory for all DWI convictions—judges have no choice. Suspension periods vary based on the exact charge and your prior offenses. You may have to participate in alcohol or drug programs and install an ignition interlock device before you can reinstate your license or regain limited driving privileges.

Yes, but it depends on the evidence and surrounding circumstances. For example, if there are procedural or evidentiary issues, key evidence could be suppressed. If enough evidence is tossed out, the prosecution’s case may only support lower-level charges—or none at all.

Stay calm and contact Sjoberg Law Office, P.A. right away. Your lawyer can help you decide whether to talk to the police and whether to take a chemical test. An attorney can also help you request a hearing for license revocation and gather evidence that could support your defense, including witness statements or medical records. The earlier we’re involved, the more defense options you’re likely to have.

Contact Sjoberg Law Office, P.A. To Start Fighting Your DUI Charges Today

At Sjoberg Law Office, P.A., we work hard to stay current on all new developments in the law in order to protect your interests. To schedule a free initial consultation, call 763-413-1223 or fill out our online contact form.