DWI/Over .08 First Offense

 When you’ve been arrested for a DWI (Driving While Impaired) in the Twin Cities or anywhere in Minnesota and you will need an experienced DWI attorney in Minnesota. Do not be lulled into thinking that a first time DWI is not a serious crime.  There are over 45,000 DWI arrests in Minnesota every year.  Judges and prosecutors take DWIs very seriously and they listen to groups like MADD when sentencing a DWI offender.  Judges will not show you any sympathy just because you say: “it’s my first offense”.   Prosecutors are asking for jail time, even for first time offenders and if you were speeding, involved in an accident, had a high blood-alcohol reading, judges are putting first time offenders in jail.

The Difference Between Driving While Impaired and Over .08

Driving While Impaired does not require a specific blood alcohol level. All a prosecutor has to prove is that the office observed some indication that driver was driving while impaired after the consumption alcohol or some other chemical. 

Over .08 stands for “driving with a blood alcohol content of .08 or more. Notice that there is no mention of impairment.  The mere presence of alcohol resulting in test result of .08 or more is a crime and triggers the automatic loss of your driving privileges and may result in the forfeiture of your car, and impoundment of your plates. 

Minnesota Driving While Impaired/ Over. 08 Penalties

Loss of Driving Privileges: Usually the first penalty you will feel is the loss of your driving privileges.  Other penalties can include the impoundment (destruction) of your plates and possible forfeiture of your automobile. The State of Minnesota can and will take away your driving privileges within seven days of your arrest even before you have had a hearing or stepped inside a courtroom. 

What is worse, if you do not take immediate action by filing a Petition for Judicial Determination (look at the back of your seven day temporary license) within thirty days of your revocation the DWI will appear on your driving record and you will lose your privilege to drive for at least 90 days.

Do not confuse your court date with the loss of driving privileges.  Your criminal court date has NOTHING to do with the loss of your driver’s license, forfeiture of your car or destruction of your plates.

YOU HAVE RIGHTS! But you have to act fast. 

he first step in fighting a DWI or obtaining the best possible outcome is to retain an attorney with may years of DWI defense experience! Martin S. Azarian, P.A. has been practicing DWI defense for 22 years.  You have important rights, but you must act fast.  Remember, your temporary driver’s license is good for only seven days.  Wait too long and you will lose your ability to drive a car.  Also, you have only thirty days to challenge a DWI.  Wait too long and the DWI will appear on your driving record.  Don’t wait to go to court, it will be too late.

CAN I GET MY FULL DRIVER’S LICENSE and PLATES REINSTATED?

Yes, in some counties you can have your driver’s license and plates reinstated almost immediately.  But you have to call Martin S. Azarian, P.A. immediately.  Martin S. Azarian can have your FULL driving privileges reinstated almost immediately.

As for the criminal penalties a first time DWI offender is looking at:

 

• $1,000 fine and/or 90 days in jail for a 4^th Degree DWI with no aggravating factors.

 

Criminal penalties for second DWI within ten years of the first DWI are:

 

• Minimum 30-day sentence, minimum $900.00 fine. Maximum $3,000 fine, maximum jail sentence is one year.

 

Criminal penalties for a third DWI within ten years are:

 

• Minimum 90-day sentence, minimum $900.00 fine. Maximum $3,000 fine, maximum jail sentence is one year.

 

Criminal penalties for a fourth DWI within ten years are:

 

• Minimum 36 months, $14,000 fine and/or up to 7 years in prison for a 1^st Degree DWI. 

 

Twin Cities DWI/DUI lawyer

If you have been charged with a DWI offense you need an aggressive, trusted, honest, knowledgeable attorney; Martin S. Azarian. The Law Firm of Martin S. Azarian brings 22 years of experience to your case. Martin Azarian doesn’t farm out your case to a lesser, experienced attorney. He does not have “just admitted” attorneys on his staff, or inexperienced attorneys in his office.  He does not need to add years from lesser-experienced attorneys to make him seem more experienced. When you retain him, you get his 22 years of courtroom experience. Period! What you need is aggressive representation that can achieve the best possible outcome for you. Whether this is your first, second offense, your third, or your fourth, you need proper representation, so call the Minnesota defense attorney who cares about your case at 952-451-4987 for your free initial telephone consultation.