Driving while intoxicated (DWI) is a serious charge in Minnesota, with potentially life-altering consequences. However, there are numerous misconceptions surrounding DWI charges that can lead to misunderstandings about your rights and the legal process. If you’ve been charged with a DWI, it’s important to separate fact from fiction. In this blog, we’ll debunk the top five myths about DWI charges in Minnesota and explain how working with an experienced Minnesota DWI lawyer can help protect your rights.
Myth 1: “I Can’t Be Charged with a DWI If I’m Not Over the Legal Limit.”
Many people believe that as long as their blood alcohol concentration (BAC) is below the legal limit of 0.08%, they can’t be charged with a DWI. This is false. In Minnesota, you can still face DWI charges even if your BAC is below 0.08%, particularly if your ability to drive is impaired. Law enforcement officers can charge you with a DWI if they observe signs of impairment, such as swerving, erratic driving, or difficulty with field sobriety tests.
Additionally, Minnesota has a lower legal limit for certain drivers, including commercial drivers (0.04% BAC) and drivers under 21 (zero tolerance). Even if your BAC is below 0.08%, you may still face DWI charges based on the circumstances.
Myth 2: “Refusing a Breath Test Will Help Me Avoid a DWI Conviction.”
Some people believe that refusing a breathalyzer test is a way to avoid being charged with a DWI, but this is another common myth. In Minnesota, refusing to submit to a chemical test after being lawfully arrested for a DWI can result in separate criminal charges. Under Minnesota’s Implied Consent Law, drivers automatically consent to a breath, blood, or urine test if law enforcement has probable cause to believe they are driving under the influence.
Refusing a chemical test can lead to serious consequences, including an automatic driver’s license suspension and additional criminal penalties. In fact, the penalties for test refusal can sometimes be more severe than those for a DWI conviction. It’s crucial to understand that refusing a test doesn’t make the charges disappear, and working with a Minnesota DWI lawyer is essential to navigate the legal process.
Myth 3: “I Can’t Be Charged with a DWI If I’m on Private Property.”
A common misconception is that DWI laws only apply to public roads, so driving on private property, such as a parking lot or driveway, exempts you from DWI charges. This is incorrect. Minnesota law applies to any motor vehicle operation, whether it takes place on public or private property. This means that if you’re caught driving under the influence in a private parking lot or on a private road, you can still be charged with a DWI.
Minnesota courts have upheld DWI charges that occur on private property, so it’s important to recognize that location doesn’t exempt you from the law. If you’ve been charged with a DWI on private property, it’s essential to consult a Minnesota DWI lawyer to build your defense.
Myth 4: “First-Time DWI Offenders Won’t Face Serious Penalties.”
Many people believe that first-time DWI offenders won’t face serious consequences, but this is a dangerous myth. While penalties for first-time offenders may be less severe than for repeat offenders, they can still have a significant impact on your life. A first-time DWI in Minnesota can result in penalties such as:
- Up to 90 days in jail
- Fines up to $1,000
- License suspension for up to 90 days
- Mandatory alcohol education or treatment programs
If there are aggravating factors, such as a BAC of 0.16% or higher, or if there was a child in the vehicle at the time of the arrest, the penalties can be even more severe. Additionally, a first-time DWI conviction will go on your criminal record, which can affect employment opportunities and insurance rates. To avoid harsh penalties, it’s essential to seek the guidance of an experienced DWI defense attorney.
Myth 5: “I Don’t Need a Lawyer for a DWI Charge.”
Some individuals believe they can handle a DWI charge on their own without the assistance of an attorney. This myth can lead to serious consequences. DWI laws in Minnesota are complex, and the penalties can be severe. A DWI conviction can result in jail time, hefty fines, license suspension, and a permanent criminal record. Without legal representation, you may not fully understand your rights or the potential defenses available to you.
A Minnesota DWI lawyer can provide invaluable assistance in your case by:
- Investigating the circumstances of your arrest to ensure your rights were not violated
- Challenging the results of field sobriety or chemical tests
- Negotiating with prosecutors for reduced charges or penalties
- Representing you in court if your case goes to trial
Having an experienced DWI attorney on your side can make a significant difference in the outcome of your case and can help protect your future.
Debunking DWI Myths and Protecting Your Rights
There are many myths surrounding DWI charges in Minnesota, and falling for these misconceptions can jeopardize your case. Whether you believe you can’t be charged if you’re under the legal limit or think a first-time offense won’t have serious consequences, it’s important to understand the facts and take your charges seriously.
If you’ve been charged with a DWI, don’t rely on myths or misconceptions—contact a skilled Minnesota DWI lawyer to discuss your case. At Sieben Edmunds Miller, we are dedicated to providing knowledgeable and effective DWI defense. We’ll work with you to protect your rights, minimize the impact of the charges, and help you move forward with confidence.
Contact us today for a free consultation and let us help you navigate the complexities of your DWI case with customized legal guidance.
