The Mn Criminal Defense, Personal Injury & Family Law Blog
Should a Brainerd, MN Criminal Defense Lawyer Represent Me at the DWI ALR Hearing?
June 1, 2020
Few other offenses have more indirect consequences than DWIs. One such collateral consequence is the Administrative License Revocation process. If the defendant’s BAC level was above the legal limit at the time of arrest, the state automatically suspends the person’s drivers’ license. The same thing happens if the defendant refuses to provide a chemical sample.
However, because of the Fourteenth Amendment, states like Minnesota usually cannot “automatically” do anything. The Fourteenth Amendment requires due process of law, and at a minimum, that means notice and an opportunity to be heard.
This right is an important one, but like so many other rights, it is just ink on paper unless a Brainerd, MN criminal defense lawyer enforces it. ALR hearings are difficult, but certainly not impossible, to win. And, there is more than one way to “win” one of these hearings. Keep reading to learn more about these things.
ALR hearings are difficult to win because the administrative law judge is normally a paid DMV employee. Additionally, the ALJ serves as prosecutor, judge, and jury. Finally, this proceeding is not technically a criminal proceeding. So, many of the normal Constitutional protections do not apply. For example, the ALJ may force defendants to testify against themselves.
Moreover, the burden of proof is rather low in ALR hearings. The state must only establish that officers had probable cause to demand a sample and the defendant either failed the test or refused to take it. “Probable cause” basically means officers believed that a crime had been committed.
This standard might be low, but it is higher than a reasonable suspicion, which is basically an evidence-based hunch. So, unless the state presents substantial proof, a Brainerd, MN criminal defense lawyer can challenge the lack of evidence.
The Field Sobriety Tests are a good illustration. Normally, officers depend on these four tests to establish probable cause in a DWI. These tests are:
Horizonta Gaze Nystagmus (DWI eye test),
Walk and Turn,
One Leg Stand, and
Some officers administer unapproved field sobriety tests, like Romberg’s balance test (head back, eyes closed, arms extended test). But these controversial test results might not be admissible in the ALR hearing.
Frequently, defendants refuse to perform any of these tests. Or, they perform one or two and then refuse to go on. Either way, there might not be enough evidence to establish probable cause.
There is a preliminary matter as well. Generally, officers pull over DWI defendants because they saw them commit traffic violations or they got caught in a DWI roadblock. Sometimes, however, officers rely on more subjective proof, like furtive movements behind the steering wheel. But a nervous-looking driver is not probable cause in Minnesota.
Why You Should Work with a Brainerd, MN Criminal Defense Lawyer
If left to their own devices, many ALJs would probably ignore these things and always side with police officers. So, a Brainerd, MN criminal defense lawyer must diligently research the law and present these findings in a compelling way.
Once these defenses are presented, the ALJ might at least reduce the suspension period or probate part of the license suspension term.
A Brainerd, MN criminal defense lawyer can also help a defendant obtain an occupational drivers’ license, which is called a work permit in Minnesota. This limited license allows people to drive to and from work, to and from school, to and from the doctor, and to perform some essential household functions, like buying food. A waiting period applies, as follows:
Fifteen days for a first work permit,
90 days for a second work permit, and
180 days for a third work permit.
Longer waiting periods apply in complex cases, such as DWI-manslaughter or DWI-collision cases. Defendants cannot drive with their work permits until the waiting period expires.
After a fourth DWI, a work permit might not be available. But that doesn’t matter much, because at this point, the state usually revokes the defendant’s license permanently.
A Brainerd, MN criminal defense lawyer might still be able to help in these situations. A little-used loophole, called the B-card, is available in these situations. If these people complete alcohol treatment and sign alcohol abstinence pledges, the state can issue a limited drivers’ license after a waiting period expires. That waiting period is usually between one and three years.
Any alcohol use, even during something like a religious ceremony, cancels the license. It is a gross misdemeanor to drive with an invalid B-card.
Reach Out to a Dedicated Attorney
A DWI arrest does not necessarily mean an interruption or cancellation of your driving privileges. For a free consultation with an experienced Brainerd, MN criminal defense lawyer, contact Carlson & Jones, P.A. We routinely handle matters in Crow Wing County and nearby jurisdictions.