MINNEAPOLIS DWI ATTORNEY

If you have been arrested for DWI in Minnesota, you are probably concerned about exorbitant fines, a loss of driving privileges, and possible jail time. However, when you have been arrested for DUI/DWI in the state of Minnesota, you still have many rights that require protection. In order to ensure that these rights are upheld to the fullest extent of the law, the seasoned guidance and aggressive representation of a skilled DWI Attorney should be utilized. Meaney & Patrin, P.A. is a firm dedicated to providing citizens aggressive DUI/DWI defense.

Meaney & Patrin, P.A. will ensure that the following rights are protected:

• Your right to refuse to speak with police officers regarding your arrest
• Your right to have additional drug/alcohol testing conducted at your discretion
• Your right to notice of the charges against you
• Your right to complete disclosure of evidence regarding the charges against you
• Your right to plead not guilty
• Your right to a jury trial
• Your right to be presumed innocent until your guilt is proven by the prosecution beyond a reasonable doubt
• Your right to confront witnesses against you and call witnesses on your behalf
• Your right to testify
• Your right to refuse to provide testimony

While many defenses to the charges against you can potentially secure your freedom, an arrest for DWI in Minnesota is a potentially devastating matter that must be confronted responsibly. Please do not make the same mistake that has lead to individuals receiving the statutory maximum penalties and choose to handle the situation on your own or hire a cheap or inexperienced attorney, unknowledgeable of the nuances characterizing DWI law in Minnesota. However, regardless of the choice you ultimately make, please take note of the following preliminary matters.

Important Preliminary Advice Following an Arrest for DWI

• You must clearly inform law enforcement officials that you will not provide them with any information, other than your name and address, without the guidance of legal counsel.
• Seek legal advice before doing any of the following:
1. Signing anything the police have given you
2. Allowing police officers to listen to a phone call during which you make incriminating statements
• If you do speak with law enforcement officials regarding your arrest, do not lie to them.
• If you have been physically injured by police officers during the course of your arrest or subsequent detention, seek medical attention immediately. Make sure to inform medical care providers of the cause of your injuries and take photographs depicting the extent of your injury.
• Immediately following your arrest, take a moment to write down your mental impressions surrounding the arrest and subsequent detention. Do not spare any detail.
• Save any documentation the police provide you with following your release from jail.

By following this advice, you will preserve a skilled Minnesota DWI lawyer’s ability to assert various defenses on your behalf during both plea negotiations and the criminal trial, if the situation proceeds to that level. The following are examples of defenses that Meaney & Patrin, P.A. may be able to assert on your behalf.

Possible Defenses to Your DWI Charge

• Police Procedural Mistakes


1. Lack of Probable Cause –
1. If an arresting officer is unable to effectively articulate his reason for stopping you upon heated cross-examination, police bias and a disregard for procedural formality may be exposed.
2. Miranda Warnings –
1. After you have been arrested and before you are interrogated, the police must give you a Miranda warning. There is no specific wording for the warning, but it must essentially inform you that you have the right to remain silent, that your statements will be used against you, that you have a right to an attorney, and that an attorney will be provided for you if you cannot afford one.
3. Failure to Respect Request for Legal Counsel –
1. Your constitutional rights have been violated if you make a clear request to speak with legal counsel and the police continue to interrogate you. Your request must be unequivocal, meaning that saying, “I might need to speak with an attorney” will not suffice.
4. Failure to Appear in Court –
1. Your case may be dismissed if the arresting officer or an officer conducting a chemical test for blood alcohol is summoned to testify and fails to appear.
5. Withholding Favorable Evidence –
1. In the course of your investigation, the prosecution may potentially uncover evidence that exonerates you of any wrongdoing. If the prosecution fails to disclose this evidence after repeated discovery requests, your charges may be dropped.
6. Failure to Provide Implied Consent Warning –
1. Minnesota implied consent laws obligate all drivers to submit to chemical testing to determine blood alcohol concentration if found driving on state roadways. Law enforcement officers are required to read you a warning informing you of this obligation before any chemical testing is conducted. The failure to furnish this warning may result in the chemical test’s inadmissibility in court and an advantage in plea bargain negotiations.
7. Failure to Follow Protocol at a Sobriety Checkpoint –
1. Minnesota courts have upheld the constitutionality of roadside sobriety checkpoints. However, when confronted with a roadside sobriety checkpoint, you still maintain some constitutional rights. Among other requirements, the stop must be brief and sufficient warning must be given. Additionally, conducting a checkpoint must be administratively approved and an objective standard for stopping vehicles must be utilized. For example, law enforcement may decide to stop every third car passing through a particular intersection. If determined that your stop was not in accordance with this standard, police profiling may be uncovered.
8. Blood Alcohol Content Defenses
9. Validity of the test –
1. The failure to perform proper maintenance on chemical testing apparatus can lead to erroneous results. Additionally, any law enforcement official conducting a chemical test must hold a valid license. If the official is unlicensed or holds an expired licensed, it can also be argued that the results are erroneous.
10. Rising blood alcohol content defense –
1. Alcohol continues to absorb into your system for up to 3 hours following your last drink. Police officers know exactly when to administer these tests to ensure the results are the highest. A defense may be levied claiming that, despite chemical test results demonstrating a BAC above the legal limit, you were not intoxicated at the time you were behind the wheel.
11. Mouth alcohol vs. Breath alcohol defense –
1. If you had recently consumed an alcoholic beverage, a breathalyzer can supply falsely high results. If this situation is applicable to your case, there may be a defense in claiming that proper protocol was not followed.
12. Field Sobriety Test Defenses
1. Failure to administer a federally approved field sobriety test –
2. The police are federally approved to administer only 3 field sobriety tests:
3. Heel-to-Toe (“walk-and-turn”)
4. One-leg Stand
5. Horizontal Gaze Nystagmus (determining intoxication based on eye oscillation)
6. Other field sobriety tests administered by an arresting officer, other than a preliminary breath test (PBT), will bolster any defense concerning the invalidity of your arrest.
13. Unreliability of field sobriety tests –
1. Even these federally approved tests are highly unreliable and cannot alone prove your intoxication.
14. Medical Condition –
1. If you suffer from any sort of medical condition, this may have been the cause of the arresting officer’s determination that you were intoxicated.

Every DWI arrest is unique and many defenses beyond those named above may be applicable to your particular situation. Planning your defense is best left to someone with years of experience maneuvering the legal intricacies of DWI law in Minnesota. The DWI lawyers at Meaney & Patrin, P.A. have specialized knowledge and training in this area and will ensure your rights are aggressively protected. A DWI attorney with the skills to handle your defense and the ability to empathize with your situation will give you peace of mind. Please do not waste another moment to contact Meaney & Patrin, P.A. for a free professional consultation regarding your arrest for DWI.