When faced with a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charge in Minnesota, it is cause for serious concern. If convicted, these offenses can later lead to hefty penalties, including fines, suspension of driver’s license, and incarceration. If you find yourself with a DUI charge in Minneapolis, it’s important to understand what courses of action and potential defense strategies are available to you to get out of a DUI. Let’s explore some tactics we can use to address this complex legal situation.
1. Seek Legal Counsel
The first and most crucial step is to hire a DWI attorney in Minneapolis. An experienced attorney like Lynne Torgerson can make a significant difference in your case. They understand the nuances of Minnesota’s DUI laws and can provide expert guidance tailored to your situation.
2. Challenge Probable Cause
One potential defense strategy is to challenge the probable cause for the traffic stop. Law enforcement must have a reasonable suspicion of criminal activity to stop your vehicle. If they lacked probable cause, any evidence collected during the stop may be dismissed.
3. Question the Breath Test
Breath tests, commonly used to measure Blood Alcohol Content (BAC), can be flawed. Errors in test administration, calibration, or maintenance can lead to inaccurate results. An experienced attorney can investigate whether the breath test was conducted correctly and challenge its validity, a common way to beat a DUI.
4. Consider Medical Conditions
Certain medical conditions, such as acid reflux or GERD, can affect breath test results. These conditions can create mouth alcohol, leading to falsely elevated BAC readings. Your attorney can explore whether medical conditions played a role in your case.
5. Rising Blood Alcohol
Alcohol takes time to absorb into your system. If your BAC was rising at the time of the test, your attorney could argue that your BAC was below the legal limit when you were driving, potentially leading to a dismissal or reduced charges.
6. Errors in Blood Testing
If your BAC was determined through a blood test, there are numerous factors that can affect its accuracy. Blood fermentation, contamination, or improper storage can all lead to unreliable results. An attorney can investigate the circumstances surrounding your blood test and seek to have the results excluded from evidence.
7. Test Violations
Minnesota law outlines strict requirements for collecting, storing, and analyzing DUI chemical tests. Violations of these regulations can lead to the exclusion of test results. Your attorney will scrutinize these procedures to identify any violations that may benefit your case.
8. Challenge Field Sobriety Tests
Field sobriety tests are often administered during a DUI stop. However, these tests are not always accurate indicators of impairment. Factors like poor weather conditions, officer-induced intimidation, or physical limitations can influence test performance. To get a DUI dismissed, your attorney can challenge the reliability of these tests in court.
9. BAC Doesn’t Reflect Impairment
Your BAC level may not accurately reflect your level of impairment. A skilled attorney can argue that even with a BAC above the legal limit, you were not significantly impaired while driving.
10. Establish You Were Not Driving
If the evidence portraying you as the driver is not clear, your attorney can challenge the case’s validity. The prosecution must prove that you were driving while under the influence.
Facing a DUI or DWI charge in Minneapolis can be a daunting experience. However, with the right strategies and the expertise of a DWI attorney in Minneapolis, you can increase your chances of achieving a favorable outcome. Remember that each case is unique, and a tailored defense strategy is essential to protecting your rights.