Category: DUI/DWI Law

DUI/DWI: What to do if you are pulled over

July 18, 2022  |  Adriel B. Villarreal

Summertime is here and that means warm weather fun like going to the lake, cookouts, birthday parties, or even a Twins game. It can also mean overindulging when it comes to alcohol. If you do find yourself driving while intoxicated and end up getting stopped by the police, continue reading our blog here for information on DWIs and what you should do when pulled over. First thing’s first We first want to acknowledge that you should not be drinking and driving or taking any substances that will affect your motor skills, as it is against the law and should be avoided at all costs. A charge for a DUI or DWI in Minnesota is not taken lightly and you could potentially face jail time, large fines, and license revocation. More importantly, you keep everyone that shares the roads with you safe and unharmed. So please make sure that you have a designated driver or use a driving service to get you to your destination. Pull over and remain calm When you are first pulled over by an officer, you need to remain calm. We understand this can be a stressful moment, but it is important to stay levelheaded during this situation. When the officer approaches your car, have your ID, registration and insurance…

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DWI: Can You Refuse a Breath Test?

February 14, 2022  |  Barna, Guzy & Steffen, Ltd.

Should you make the mistake of driving under the influence, there may be a series of penalties coming your way. Many try to avoid the repercussions by refusing a breathalyzer test completely, but this is a crime itself in Minnesota and oftentimes gets you in more trouble. Continue reading to find out what you should do if you are pulled over while driving under the influence. Understanding Minnesota’s Implied Consent Law According to Minnesota Statute § 169A.51, any person who drives or operates a motor vehicle in Minnesota consents to a test of their breath to determine if they are under the influence of alcohol or drugs. Essentially, this law is stating that if you are suspected of driving while under the influence, and you refuse to take a breath test, you can be reprimanded. Some of these penalties for a first-time refusal include a one-year license revocation and jail time. What Happens If You Refuse? The minute you refuse a breath test, the officer is legally required to inform you that the law states that you have already consented by driving, and the refusal is now considered a crime. The officer then must also inform you of your right to speak to an attorney. After you are informed of the law, you…

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What to Expect from Your Minnesota DWI Case

June 20, 2018  |  Adriel B. Villarreal

That moment when you see the police lights appear behind you and you see them in your review mirror can be scary. Whether you have been stopped by the police or involved in an accident, you will be required to come out of your vehicle and complete a sobriety test. This can involve walking in a straight line and the police office using a pen light to look at your eyes. In addition, you may have to blow into a handheld breath tester. Of course, if you fail these tests and have been driving while intoxicated, you will be arrested.   If you have never been in trouble with the law before, being arrested on a DWI charge can be a stressful experience, especially since you do not know what to expect. The legal system can be complex and it is natural to be worried about the process and what will happen to you. We understand this and that is why we have detailed the legal process for you so you know what will happen once you have been arrested for DWI.   So, once you have been arrested at the scene for DWI, the police officer will bring you down to the police station. At this point it is normal to go…

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