Tuesday, February 7th, 2012

Minnetonka DWI Lawyer

Have you been accused of DWI? If you have, you are probably very nervous and scared. These are the typical reactions because of the consequences that DWI can have. But know that in Minnesota there are also such offenses as SWI, which is Snowmobiling while Intoxicated and BWI, which is Boating while Intoxicated. You can also be charged with DWI if you are driving an ATV, motorcycle, or any kind of truck.

No matter the type of intoxication charge you have been charged with, you need to have a reliable attorney on your side. The Law Firm of Martin S. Azarian brings 21 years of experience to your case so that you can have the best outcome. It is important to have an attorney who knows the law, but also knows the type of emotional turmoil that a DWI charge can bring.

Drunk Driving Attorney Minnetonka

The consequences are based on a number of factors that are presented to a judge and these factors need to be rebutted by your attorney or holes in the case exposed. Here are the standard penalties that are handed down. However, they can be worsened if the arresting officer finds other crimes being committed at the time of the offense:

  • A Fourth Degree DWI has no aggravating factors has a penalty of up to 90 days in jail and/or a fine of $1,000.
  • AThird Degree DWI with one aggravating factor present has a penalty of up to 1 year in jail and/or a fine of up to $3,000.
  • A Second Degree DWI with two aggravating factors present also has a penalty of up to 1 year in jail and/or a fine up to $3,000.
  • A First Degree DWI can have up to three aggravating factors present and have a penalty of up to seven years in prison and/or a fine of up to $14,000.

But what are these aggravating factors being talked about? What role do they really play in the prosecution securing a conviction?

  • A qualified impaired driving incident within the 10 years preceding the current incident. This can include SWI, BWI, driving an ATV, motorcycle, or truck while under the influence of alcohol.
  • Having an alcohol concentration in excess of .20 at the time of the incident or within two hours following.
  • Having a child under the age of 16 in the vehicle or more than 36 months younger than the driver.

A conviction could also result in:

  • License revocation, suspension, or cancellation
  • License plate impoundment
  • Vehicle forfeiture
  • Electronic alcohol monitoring

And if you refuse to take a field sobriety test at the time you are pulled over, you can lose your license anyway and still have to submit to blood or urine tests later. Although it is your right to refuse such tests, under “implied consent” you gave permission for such tests to be conducted when you obtained your Minnesota driver’s license.

DUI Lawyer Minnetonka

Make sure you have a MN DWI attorney by your side as soon as possible. When you do, you will have a stronger case and your attorney will have the time needed to plan a strategy, implement that strategy, and secure the best possible outcome for you. Call the Law Firm of Martin S. Azarian at 952-975-0663 for your free initial telephone consultation. When you have the right attorney by your side, you can have a more productive future.