Confident and Dedicated DWI/DUI Attorneys
Getting arrested for a DWI/DUI can happen to anyone. The Minnesota impaired driving laws have changed over the years to provide for both decreased tolerances of alcohol, and increased penalties for repeat offenses. If it happens to you, you want an experienced criminal defense lawyer protecting your rights. At the Shakopee law offices of Loftness & Anderson, we protect the rights of those charged with drunk driving. If you have been charged with a DWI or DUI, we can help defend your rights in court and attempt to prevent loss of your driving privileges.
Contact Loftness & Anderson
Anyone committing a DWI/DUI offense in Minnesota faces four possible concerns:
- Criminal charges;
- Implied consent (driver's license) revocation;
- License plate impoundment; and
- Vehicle impoundment or forfeiture.
It is important that your DWI/DUI defense addresses all of these concerns.
Criminal DWI/DUI Charges
If you have been charged with driving while impaired, there will be a criminal proceeding against you. Charges range from First Degree DWI through Fourth Degree DWI. While the legal limit for a person's blood-alcohol concentration used to be .10, it is now .08. Upon being arrested, a test will be taken of your blood, breath, or urine. Even if your test is taken more than two hours after your arrest, it can still be used against you in court.
A person can be charged with driving while impaired if the person drives, operates, or is in physical control of a vehicle:
- when the person is under the influence of alcohol
- when the person is under the influence of a controlled substance;
- when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the ability to drive or operate the vehicle;
- when the person is under the influence of a combination of any two or more elements described above;
- when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is .08 or more;
- when the vehicle is a commercial vehicle and the person's alcohol concentration as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is .04 or more; or
- when the person's body contains any amount of certain controlled substances.
You can be charged with and convicted of a DWI/DUI without even driving the vehicle. Also, if you refuse to submit to a test of your blood, breath, or urine, you can be charged with and convicted of a separate crime for refusing.
Implied Consent Proceeding
Upon being charged with driving while impaired or test refusal, you have a limited time to initiate an implied consent proceeding, which pertains to the revocation or cancellation of your driving privileges, and the loss of your license. If you do not initiate the proceeding within the requisite time period, you will lose your chance to dispute the revocation of your license.
License Plate Impoundment and Forfeiture
If you have multiple DWI/DUI convictions on your record, you may have concerns about vehicle forfeiture, as well as the requirement to obtain special license plates. Under some circumstances, you may have to surrender your license plates or your vehicle altogether. As part of your criminal defense, we will advise you what your chances are to successfully challenge either of those requirements.
Contact Us Today
With so many things to consider as you fight your DWI/DUI charges, you want a lawyer who will protect your rights in every aspect of your case. Our attorneys will give you an honest assessment of your situation and your options. Contact us today for a free initial consultation.
Loftness & Anderson, P.A.
327 Marschall Road, Suite 370
Shakopee, MN 55379
Map & Directions
