Altogether, a first-time DWI in Crow Wing County might cost as much as $25,000. Much of this cost, such as higher insurance rates, is indirect. Judges have no obligation to warn defendants about indirect costs, so many people do not understand how serious a DWI is. Other indirect effects include possible immigration or family law consequences, as well as employment consequences.

The experienced Brainerd DWI lawyers at Carlson & Jones know how to reduce or eliminate these costs. Even if you provided a chemical sample, we know how to successfully challenge the state’s evidence. We also provide representation at all phases of a DWI, including the critical Administrative License Revocation hearing.

Proving a DWI in Court

Minnesota’s DWI law is rather complex. Since there are many different intoxicating substances, prosecutors have several legal options:

  • Driving under the influence of an “intoxicating substance,” such as alcohol or drugs,
  • Having an alcohol concentration above .08 (.04 for commercial operators), or
  • A trace amount of a Schedule I or Schedule II drug, other than marijuana, in the driver’s system.

Generally, Schedule I drugs are street drugs, like heroin and LSD. Schedule II drugs are mostly prescription pills, like Adderall and Vicodin. Even if the defendant had a prescription, it’s illegal to drive while taking these drugs.

.08/.04 alcohol concentration cases usually hinge on chemical tests. These tests are not 100 percent accurate, and an experienced Brainerd DWI lawyer knows how to create reasonable doubt as to the results. “Intoxicating substance” cases typically rely on the field sobriety tests, such as walking a straight line. These test results are extremely subjective.

Brainerd DWI Lawyers and Possible Defenses

Some defenses, in terms of lack of intoxication, are outlined above. The defendant does not have to “prove” s/he was sober. The presumption of innocence takes care of that. Rather, a Brainerd DWI lawyer must simply create a reasonable doubt as to the evidence of intoxication.

Other defenses include not operating the vehicle. Officers often arrest people for DWI who are sitting in their cars with the motors off. These charges do not always hold up in court. Additionally, the offense must have occurred in a public place. Apartment complex and shopping mall parking lots are not public places, even if they look like public streets.

Speak with a Brainerd DWI Lawyer for Legal Help

Being accused of DWI can have serious ramifications on your personal as well as professional life. Fortunately, DWI charges do not always hold up in court. For a free consultation with an experienced Brainerd DWI lawyer, contact Carlson & Jones, P.A. at (855) 215-6862. We will work to get your DWI charges minimized or even dismissed, if possible. Home and jail visits are available.

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