DWI Aggravating Factors
If you drive and if you occasionally enjoy an alcoholic beverage it really is important for you to avoid undertaking these two activities at the same time. However, even with the very best of intentions, it is possible for a person to end up facing a DWI charge even after drinking a small amount of alcohol. The reality in Minnesota is that there really is what can best be described as zero tolerance when it comes to the combination of alcohol – again, even in small amounts – and driving.
Another reality is that penalties associated with being convicted of DWI can be staggering. These include what can be a significant amount of time in jail, a large fine and a loss of your all-important driving privileges. Additionally, there are what are known as “aggravating factors” that can make the penalties associated with a DWI case even more severe.
A surprising number of DWI cases actually do include aggravating factors. Once again, you do need to keep in mind that even the presence of a solitary aggravating factor will result in a significant increase in the amount of jail time and fine that you potentially may end up facing after a conviction in a particular case.
Remember that while we are providing you with some basic information about DWI aggravating factors, nothing takes the place of a free legal consultation. Therefore, while we encourage you to review the materials and resources that we have provided for you at our website, we also strongly suggest that you contact our office to schedule a personal meeting with one of our attorneys.
Understanding DWI Aggravating Factors and Your DWI Case
Minnesota law has established a set of aggravating factors that work to enhance penalties associated with a DWI case.
The first aggravating factor that can enhance the penalties after a DWI conviction occurs if a person has had at least one prior impaired driving incident within ten years prior to the current case. Even if your prior incident was reduced to Careless Driving, the prosecutor may still be able to use that prior incident as an aggravating factor. Priors that happened outside Minnesota can also be used as aggravating factors, but there are ways to challenge their use against you.
The second aggravating factor is an alcohol concentration in the driver’s blood that is at .16 or above. Many people assume that having a test over .16 makes challenging a DWI or DUI pointless, but that is far from true. Even if your DWI case cannot be completely beaten, there are many penalties that can be avoided and reduced if your test result can be proven to be under .16.
The third aggravating factor occurs if the driver has a person under the age of 16 in the vehicle at the time of the arrest (provided the driver is at least 36 months older than the minor in the automobile). These situations are especially delicate to deal with in court. Prosecutors and judges will automatically want to increase jail time and fines when children are present in a vehicle during a DWI situation. People facing this scenario need representation from an attorney who can effectively counter the instant negative feelings the court will have when children are involved. We have handled many cases where this was a major factor to overcome, and we know how to balance your defense with your remorse over the situation.
The Importance of a Qualified Minneapolis DWI Attorney
Any time a person is charged with a DWI, it is crucial that such an individual obtain the prompt assistance of a qualified and effective Minneapolis DWI attorney. If there are aggravating factors associated with a DWI charge, the immediate involvement of a Minneapolis DWI attorney becomes all the more imperative. While Minneapolis is the urban center of Minnesota, our attorneys actually handle many cases throughout the entire metro area and in all rural counties in Minnesota. This gives us the ability to have great relationships with many judges and prosecutors throughout the state, which will help our clients get better outcomes. Our wide geographical range of experience also gives us the perspective to know how judges are interpreting statutes and case law statewide. If a certain judge ruled one way in favor of a driver in Hennepin County, we can use that example with another judge in Anoka County.
When considering which attorney to retain to assist in the defense of a DWI case with aggravating factors you absolutely must have a lawyer that has extensive experience with this type of a charge. Meaney & Patrin has garnered a solid reputation for providing effective representation for men and women from all walks of life who found themselves facing even the most complicated of DWI cases with aggravating factors.
The Importance of Engaging a Minneapolis DUI Attorney … Today
Many people actually put off hiring a Minneapolis DUI attorney in the immediate aftermath of an arrest for driving while intoxicated. The fact is that – especially in a case involving aggravating factors – these individuals make the decision to forgo engaging a qualified and experienced Minneapolis DUI attorney at their peril.
The most important decision that you must make following an arrest on a DWI charge is to retain legal counsel, to obtain legal representation immediately. The lawyers at Meaney & Patrin stand ready today to commence providing you the powerful representation that you must have to fully and completely protect your rights and interests.
At this website we have provided the information that you will need in considering how we can be of assistance to you. Take a moment today to visit the rest of our site. Additionally, we are available to meet with you at your convenience to discuss your case and the charges you are facing. Please call our offices at 612-223-6595 . We can provide you with an initial consultation at no charge to you.