When arrested for DWI in Minnesota, a number of things happen. You are arrested on suspicion, tested, and then you could be facing DWI charges whether you were really intoxicated or not. It is your DWI attorney who is going to be able to look at your case and determine what really occurred so you can get the correct outcome in the case.
Your attorney know what the prosecutor doesn’t want you to know, such as them not having all of the witnesses needed to prove their case, that there is evidence present that works in your favor, that you do have the right to a jury trial within two months of you making a demand for a speedy trial, that there may be issues with proving your blood alcohol concentration, and that they may be bluffing all around.
Before you can ever be found guilty, it must be proven that your alcohol level was above the legal limit and that you were impaired. If the case is one in which you are believed to have a prohibited substance in your blood, it has to be proven that you didn’t have a prescription. Nonetheless, impairment doesn’t have to be proven in this case.
Talking To Your Attorney
First of all, you and your attorney can request an Implied Consent hearing within 30 days of license revocation or 30 days from notification of revocation, if your license was revoked.
When you talk to your attorney, you’re going to be asked questions such as what you were doing before you were arrested, if you consumed alcohol, the officer’s reason for the arrest, what you thought of the officer, how you performed at the time of arrest, what the results of the sobriety tests were, if there were witnesses, and related questions.
This information is used to start a solid investigation of the facts, to be able to vigorously cross-examine the witnesses that the prosecutor presents, and use the state law in your favor.
Right To A Jury Trial
It is your right to request a jury trial. The jury will consist of 6 individuals in non-felony cases. In felony cases, your case is heard before a jury of 12. If you want a court trial, then you have to waive your right to a jury trial.
Your attorney can prove that the roadside tests were not valid. This is done by showing that there was no reasonable suspicion to pull you over, the officer didn’t have probably cause to arrest, whether or not an officer honored your refusal of a breath test, or your Miranda rights were not read.
Your Minneapolis criminal defense attorney can use the information that you give and the information that is gathered to determine the constitutionality of the stop, of the roadside tests, of the probable cause in the arrest, and the Implied Consent process. The use of the breath test device can be contested, as well as how the roadside tests were administered. There are many defense strategies that can be used to have your case dismissed, you acquitted, or the charges reduced so the penalties are reduced.