Criminal Defense
Carlson & Jones, P.A. has an established reputation for achieving superior results on behalf of their clients. From misdemeanors to serious felony charges, our attorneys have the skill and experience to handle a wide variety of criminal defense matters effectively and successfully.
Our attorneys have extensive litigation experience. One of our partners was a former prosecutor and another partner has been practicing criminal defense work for over a decade. Our attorneys have an in-depth understanding of the criminal justice system, frequently attending court proceedings in both state and federal court, and have established professional relationships with various Minnesota judges and court clerks.
DWI/DUI Offenses
Driving While Intoxicated (DWI) or Driving Under the Influence of alcohol and/or drugs (DUI) is a crime in Minnesota, and carries severe criminal penalties. According to Minnesota Statutes Section 169A.20, it is a crime for any person to drive while impaired due to the influence of alcohol, a controlled substance and/or a hazardous substance. In Minnesota, the penalties for DWI increase in severity depending on the degree of DWI, ranging from fourth to first-degree DWI, and whether aggravating factors were involved.
Aggravating factors include:
- Having an alcohol concentration of .20 or more at the time of arrest;
- Having a previous DWI violation within the past ten years; and
- Having a child under the age of 16 in the vehicle at the time of the DWI offense if the child is more than 36 months younger than the offender.
Below is a list of the different degrees of DWI violations and some of the potential penalties that may attach if the person is found guilty of the specific DWI violation:
- Fourth-degree DWI: Committing a DWI for the first time is considered a misdemeanor, which is punishable by up to 90 days of jail time and a $1,000 fine.
- Third-degree DWI: Committing a second DWI violation within the preceding ten years of the first DWI violation or refusing to submit to a chemical test--blood, breath, or urine--at the time of the DWI arrest is considered a gross misdemeanor, which is punishable by up to one year of jail and a $3,000 fine.
- Second-degree DWI: Committing two or more of the above-stated aggravating factors at the time of the DWI violation is also considered a gross misdemeanor, which is punishable by up to one year of jail and a $3,000 fine.
- First-degree DWI: Committing a DWI offense within ten years of the first three or more DWIs or committing a DWI offense after a prior felony DWI conviction is considered a felony that is punishable by up to seven years' imprisonment and a $14,000 fine.
If you are arrested for a DWI, it is important to seek the assistance of an experienced criminal defense lawyer, because being found guilty of a DWI can result in hefty fines, jail time, probation, or a combination of these consequences. Other damaging consequences that may occur if convicted of a DWI include difficulty finding a job, loss of reputation, and possible deportation if you are not a U.S. citizen.
A criminal defense attorney can examine the evidence against you for law enforcement errors that could lead to the dismissal of charges against you; advocate on your behalf to the court; negotiate with the prosecution to obtain favorable plea offers; and provide a range of options to resolve your case.
Other Areas of Expertise
In addition to handling numerous DWI cases, we also defend clients in the following types of criminal matters:
- Misdemeanors
- Gross Misdemeanors
- Juvenile Offenses
- Serious Felonies, such as Assaults and Arson
- Drug or Narcotics Offenses
- Domestic Violence
- Fraud Offenses
- Homicides and Murders
- Expungements
Our attorneys are zealous advocates who work diligently to defend and protect the rights of their clients. For experienced and dedicated criminal defense lawyers, contact Carlson & Jones, P.A. today for a free initial consultation.
