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Charged with a DWI? Steps to Take in Minnesota

by Oct 9, 2025Criminal Defense Attorney, DWI / DUI, Keanu Krech

Being charged with a DWI in Minnesota can feel overwhelming. One minute you’re going about your life as usual, and the next you’re facing the possibility of losing your license, paying hefty fines, or even spending time in jail. It’s a stressful and uncertain time, and it’s natural to feel anxious about what comes next.

At Sieben Edmunds Miller, we know how disruptive and frightening a DWI charge can be. Our goal is to help you understand your options, protect your rights, and guide you through the process with compassion and clarity.

This blog will walk you through some of the most common defense strategies in Minnesota DWI cases. While this overview is a starting point, remember that every situation is unique. Talking with an experienced DWI defense attorney is the best way to understand how the law applies to you personally.

Legal paperwork for DWI case preparation in Minnesota

What Counts as a DWI in Minnesota 

In Minnesota, driving while impaired (DWI) means operating a vehicle while under the influence of alcohol or drugs. For alcohol cases, this can be proven in two ways: 

  • If your blood alcohol concentration (BAC) is 0.08% or higher. 
  • If your ability to drive is impaired, regardless of your BAC. 

A DWI arrest usually begins with a traffic stop. Police may ask you to perform field sobriety tests, take a preliminary breath test, and then complete more formal chemical testing through breath, blood, or urine samples. Each of these steps creates potential opportunities for mistakes or for your rights to be overlooked, which is why careful legal review matters. 

Was the Traffic Stop Even Legal? 

One of the first questions in a DWI case is whether the traffic stop itself was lawful. Police must have a valid reason, known as “reasonable suspicion,” to pull you over. If they didn’t, the stop and anything that followed could be challenged in court. 

For example, weaving slightly in your lane or being stopped at a questionable roadblock sometimes may not justify a stop. Scrutinizing the legality of the stop is often a key part of building a defense. 

Can You Trust the Test Results? 

Chemical tests like breath, blood, or urine samples are central to DWI prosecutions, but they aren’t foolproof. Machines can malfunction, tests can be administered incorrectly, and even certain medical conditions can interfere with results. 

For instance, breathalyzer devices need regular maintenance and calibration. Blood samples must be stored and handled with strict care. If these procedures aren’t followed exactly, the reliability of the results can be challenged. 

Police officer making a DWI arrest in Minnesota

Field Sobriety Tests: Why They’re Not Always Fair 

Field sobriety tests, like walking in a straight line or standing on one leg, are designed to measure impairment. But many factors besides alcohol or drugs can affect performance. Uneven pavement, unclear instructions, balance issues, or medical conditions may lead to inaccurate conclusions. Because these tests are so subjective, they’re not always reliable evidence. 

Other Defense Options That Might Apply 

Depending on the circumstances, additional defenses may be available: 

  • Necessity Defense: In rare situations, driving while impaired may have been necessary to prevent greater harm (such as during a medical emergency). 
  • Implied Consent Issues: If you weren’t properly informed of your testing obligations, the test results could be challenged. 
  • Chain of Custody Problems: If your blood or urine sample wasn’t handled correctly, the accuracy of the evidence may be questioned. 

Why Having a Lawyer on Your Side Matters 

Trying to navigate a DWI case on your own can feel hopeless. The rules are complicated, the stakes are high, and prosecutors already know how to use the system against you. That’s why having a skilled Minnesota DWI defense attorney at your side can make all the difference. 

Instead of just reacting to what the state puts in front of you, a lawyer can take a proactive role digging into the details of your case, questioning whether evidence was collected properly, and making sure your rights are respected at every turn. They can also guide you through the less obvious parts of the process, like driver’s license revocation hearings, plea discussions, or negotiating for alternatives to jail time. 

Most importantly, a DWI defense attorney is your advocate. They’re there to put your story into context, challenge assumptions, and fight for an outcome that allows you to move forward instead of being defined by a single mistake. 

Standing With You Every Step of the Way 

A DWI charge can leave you feeling isolated and unsure of what tomorrow looks like. But you don’t have to face this alone. At Sieben Edmunds Miller, our criminal defense team is here to provide steady guidance and strong advocacy when you need it most. 

We believe in more than just legal representation we believe in listening to your concerns, answering your questions, and helping you make informed decisions about your future. From the first consultation to the resolution of your case, we’ll be in your corner, working to protect your rights and minimize the impact on your life. 

If you or someone you care about has been charged with a DWI in Minnesota, reach out today for a consultation. Let’s sit down, talk through your options, and take the first step toward a better outcome together. 

Police conducting a field sobriety test on Minnesota driver

Frequently Asked Questions 

Q: What happens after a first-time DWI charge in Minnesota?
A: A first-time DWI offense can result in jail time, fines, license suspension, and mandatory education programs. The exact penalties depend on your BAC level, prior record, and other factors. 

Q: Can prescription or over-the-counter medications lead to a DWI in Minnesota?
A: Yes. Even legal medications that impair your ability to drive safely can result in a DWI charge. Officers and prosecutors focus on impairment, not just illegal substances. 

Q: Is it possible to beat a DWI charge in Minnesota?
A: Yes. Common defenses include challenging the legality of the traffic stop, questioning the accuracy of breath or blood tests, or pointing out errors in how evidence was handled. An experienced DWI attorney can identify the best defense for your situation. 

Q: Do I lose my license right away after a DWI arrest in Minnesota?
A: In many cases, yes your license can be revoked shortly after arrest. However, you may be eligible to challenge the revocation or apply for limited or temporary driving privileges with the help of a lawyer. 

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