Minnesota DWI DUI Lawyer

office (952) 544-6356
fax (952) 525-7924
cellular (612) 735-3797

First Aid for the First DWI Arrest

 Kelly Law Office, Wayzata Blvd., Minnetonka, Minnesota
Kelly Law Office
100709 Wayzata Blvd. #205
Minnetonka, MN 55305
Phone: (952) 544-6356 
Fax: (952) 525-7924
Mobile: (612) 735-3797
Email: dave@kelly-law.com

AT A GLANCE

WHAT TO DO WHEN YOU ARE ARRESTED

It may seem silly to have a section here on this subject given the extreme unlikelihood of anyone having Internet access at the police station after being arrested.  I'm starting to find, however, that relatives, friends and even other lawyers have been accessing these pages while speaking on the phone with someone who has just been arrested.  So I'd like to say a few things about what a person who has just been arrested should do.  Here they are: 

  • Intoxilyzer set up and ready to go......Be polite, cooperative and respectful.  Keep in mind that everything you say is probably being video recorded, audio recorded, or both.  If you start yelling or using obscenities, that will definitely come back to haunt you.  Angry words or actions will be considered further evidence that you are intoxicated.

  • Answer the questions asked of you, but don't volunteer any extra information.

  • You are going to be offered an opportunity to telephone attorney.  If you don't know an attorney, or if you know one and don't happen to have his or her phone number with you, you will be given access to at least one if not several phone books.  Be sure that you say you do want to speak with an attorney, and attempt to call one.

  • Once you get a lawyer on the phone, speak with the lawyer as long as possible.  By this point your alcohol level is probably on the downswing; so the longer you can talk, the better your eventual test result should be.

  • Besides the breath test which you are being offered, you have a right to an additional blood test of your own, but only if you can find and hire someone to come take your blood sample.  This is where the folks at Additional Testing, Inc., Roseville, MN can be very handy.  They serve the entire twin cities area and can be reached at their 24 hour dispatch line - (612) 333-3226.  There are pros and cons concerning additional testing.  When you talk with your lawyer, ask him or her whether an additional test would be a good idea.   

  • When you are asked if you want to take a breath test, say "yes."  Refusing the test has become a gross misdemeanor, a punishable crime.  

  • Don't try to fake blowing into the machine.  Close your lips around the mouth piece and blow.  It measures how much air you blow, and it won't accept an air sample unless you really empty your lungs into it.  If the machine says "inadequate sample," and if it keeps saying that after you have been given a couple of tries at it, the police will put you down as having refused.

  • After your test, if it is your first offense and if you scored below .20, you will be given another chance to use the phone for the purpose of arranging a ride home.  Call a responsible adult to come pick you up.  The police will release you only to a responsible adult.  This is about your welfare.  If you try calling a cab that's not considered good enough, and they will hold you overnight or until they consider you sober.

  • Once your "responsible adult" has picked you up, you might want to consider stopping at a hospital or a 24 hour clinic and to have your own blood test done.  This won't be cheap, but it could be worth it.  If this turns out to be favorable compared to the test the police did, it gives your lawyer something to work with.    

If you are in custody, there are several mistakes you may be about to make, and speaking with an attorney could help you catch that before it happens.  Even if you can't get a lawyer, or even if the one you do contact is really ignorant, the time you spend dialing and speaking on the phone gives your body extra time to metabolize the alcohol, thus hopefully lowering your reading.

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gross misdemeanor Arrest:  Important note on what to expect:

If you are about to be charged with a gross misdemeanor, you will be held until you can appear before a judge.  If it's Friday night, that can mean you are going to be held until Monday morning.  Then when you appear before the judge, the judge will probably give you three choices:  

  1. Put up bail in the amount of $12,000; or 

  2. Agree to ISAP - intensive alcohol supervision program - meaning that you are sent home with a bracelet clamped on your arm or leg and a monitoring device that plugs into your phone; or 

  3. Go back to your cell in the county jail and wait for the next hearing.

Once you get out jail and try to retrieve your car, you will find that you have to pay towing and perhaps storage fees AND your plates are gone.  Go here for further information about your license plate situation.

You qualify for this treatment if this is your second alcohol-related driving offense in ten years; or if it's your first offense but your reading is over .20; or if you have a child in the vehicle with you who is 16 years of age or younger.  

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WHAT HAPPENS TO YOUR DRIVER'S LICENSE

If you refuse to take the breath test when you are stopped, your license will be revoked for at least a year.  If you are stopped while driving and score over .08 percent on the breath test: You will lose your license for

  • 90 days, or

  • Six months if you are under age 21, or

  • 180 days if your driver license was revoked in the last ten years for an alcohol related offense; and

  • If your reading on the breath test was over .20, the above periods double.

To get your license reinstated you must:

  • Take and pass the written DUI driver's license test.

  • Pay a reinstatement fee of $680.00.

  • Reapply for driver's license, and pay the $18.50 reapplication fee.

  • Comply with all other requirements of Driver and Vehicle Services. These requirements may include attending a seminar on the subject of how alcohol affects your driving; and especially if you have had prior offenses, they may include completion of alcohol treatment.

If you have two or more offenses within five years, or three or more prior offenses during your life time, kiss your driver's license goodbye for at least a year and maybe forever. You will have to satisfy the Commissioner of Public Safety that you have been rehabilitated before you can legally drive again.

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GETTING A LIMITED LICENSE FOR DRIVING TO AND FROM WORK

Before your regular driver's license is reinstated, you may be eligible for a limited license with which you will be allowed to drive to and from work, and perhaps to and from a few other very necessary activities (doctor appointments, alcohol treatment, AA meetings, dropping a child at school, etc.) In order to get a limited license, you must pass the DUI driver's test, pay the reinstatement fee and the reapplication fee, and interview with a Driver Evaluator. The Evaluator decides if you are eligible and what the limitations will be. There is always a waiting period before you can get the limited license. The minimum wait is fifteen days, and how much longer you have to wait - up to and including forever - is set forth on a handy chart which the evaluators use. This chart is not available anywhere else to our knowledge but here on this site.

To see the chart showing the various waiting periods for getting a limited license, click here.

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TAKING AND PASSING THE WRITTEN DUI DRIVER'S LICENSE TEST

As we indicated above, one of the requirements for license reinstatement in Minnesota is that you take and pass the written DUI driver's license test.  The Minnesota DUI driver's license test is a written test based upon Chapters 7 and 8 of the Minnesota Driver's Manual. If you are a poor or slow reader, a computerized voice version of the test is available. You still have to know what's in Chapter 8 of the manual, however. Where can you get your hands on this invaluable information? We've included a copy of this chapter here in this site, reproduced from the Minnesota Department of Public Safety site. Our thanks to the Minnesota Department of Public Safety.

For links to a current copy of Chapters 7 and 8 of the Minnesota Driver's Manual, click here.

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Kelly Law Office represents dwi dui oui drunk driving clients throughout the Twin Cities - Minneapolis, Minnesota area including Champlin, Crystal Bay, Dayton, Eden Prairie, Excelsior, Hamel, Hopkins, Howard Lake, Long Lake, Loretto, Maple Plain, Minneapolis, Minnetonka Beach, Minnetonka, Mound, Navarre, Osseo, Rogers, Saint Bonifacius, Saint Paul, Spring Park, Wayzata, Young America, Bloomington, Edina, St. Louis Park, Wayzata, Plymouth, Maple Grove, Brooklyn Park, Anoka, Shakopee, Hastings, Eagan, Burnsville, Buffalo, Waverly, Montrose, Hennepin County, Anoka County, Carver County, Scott County, Ramsey County, Dakota County, and Wright County.

The information you obtain at this site is for general information purposes only and is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.