St. Paul DWI Lawyer
Defending Your Rights After a DWI Arrest
Pleading guilty is not your only option. You have the right to contest your charges, and you need effective legal representation to do so. At Rogosheske, Rogosheske & Atkins, PLLC, we provide compassionate and zealous advocacy from the start of your case until the resolution.
We understand that various factors could mistakenly lead to a DWI accusation, such as improper calibration of chemical testing equipment. Our DUI and DWI lawyers in St. Paul will examine every detail of your case, from the initial stop to the resulting charge, to spot holes in the State's allegations and build a strong defense strategy on your behalf.
Charged with DWI in St. Paul? Don’t plead guilty without exploring your options. Contact Rogosheske, Rogosheske & Atkins, PLLC today at (651) 413-9004 or visit our website to start building a strong, personalized defense.
What Sets Us Apart
Our team of skilled and understanding professionals proudly provides comprehensive and efficient services for all Clients.
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Serving St. Paul Since 1948
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Over 50 Years of Collective Experience
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Tens of Thousands of People Helped
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Hundreds of Jury Trials Handled
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Highly Involved in the Local Legal Community
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Prepare Every Case for Trial
Understanding the DUI Process in St. Paul: What to Expect
Navigating a DUI charge can be overwhelming, especially if it's your first offense. At Rogosheske, Rogosheske & Atkins, PLLC, we believe that knowledge is power. Understanding the DUI process can help alleviate some of the stress and uncertainty you may be feeling.
Here’s a brief overview of what you can expect:
- Arrest and Charges: If you are stopped and suspected of DUI, you will be arrested and charged. It’s crucial to remain calm and cooperate with law enforcement.
- Initial Court Appearance: After your arrest, you will have a court appearance where you will be informed of the charges against you. This is an opportunity to gain insight into the upcoming legal proceedings.
- Plea Options: You will have the option to plead guilty, not guilty, or no contest. Each option has different implications, and our experienced attorneys can guide you through this decision.
- Pre-Trial Motions: Depending on your case, your attorney may file pre-trial motions to challenge evidence or seek a dismissal of charges.
- Trial or Plea Bargain: If your case goes to trial, we will represent you vigorously. Alternatively, we may negotiate a plea bargain to reduce penalties.
- Sentencing: If convicted, you will face sentencing, which may include fines, community service, or imprisonment. We will work to minimize the impact on your life.
Throughout this process, our dedicated team will be by your side, providing expert legal advice and support. We understand that every case is unique, and we tailor our approach to meet your specific needs. Don’t face the complexities of a DUI charge alone.
What Constitutes a DWI in MN?
Minnesota law defines DWI as operating a motor vehicle with a blood-alcohol level of .08 or more. Evidence of schedule I or II drugs as defined by the Controlled Substances Act also qualifies as a violation of the DWI laws. Marijuana is currently exempt. However, a person could be charged for having an alcohol concentration lower than .08.
Such circumstances include when a:
- Motorist is operating a commercial vehicle and their alcohol concentration is .04 or higher
- A person under 21 years of age drives with any alcohol concentration level
A police officer may stop an individual if there is probable cause to believe they're driving while intoxicated.
A few driving behaviors officers may look for before pulling a driver over include:
- Weaving in and out of lanes
- Driving too fast or slow
- Failing to obey road signs and traffic signals
If the driver is suspected of being under the influence, the officer could arrest the individual and require that they submit to a breath, blood, or urine test to determine whether or not alcohol is present in their system. Under Minnesota's implied consent law, any person who drives on a public road is deemed to have given their consent to undergo one of these chemical tests. Refusing to participate is a crime, and the person could face sanctions for doing so.
Minnesota DWI Penalties
In Minnesota, DWI offenses are categorized into four degrees. The degree determines the penalties the driver could face and depends on the specific circumstances. Some penalties include having your driver’s license revoked, plates impounded, or vehicle forfeited as common administrative penalties. Criminal penalties may include jail time, probation, mandatory substance abuse treatment, monitoring, and fines.
The degrees of DWI charges and penalties in Minnesota include:
4th Degree DWI in MN
A fourth-degree DWI is charged when a person is driving while impaired and no aggravating factors are present. The criminal penalties include up to 90 days in jail and/or a fine of up to $1,000.
3rd Degree DWI in MN
The third-degree DWI is levied when a person is driving while impaired and one aggravating factor was present during the commission of the offense, or the driver refused to submit to a chemical test. This is a gross misdemeanor, with conviction penalties including up to 1 year in jail and/or a fine of up to $3,000.
2nd Degree DWI in MN
A person faces a second-degree DWI charge if they refuse to submit to a chemical test and one aggravating factor is present, or if two aggravating factors are present. The offense is also a gross misdemeanor and may result in up to 1 year in jail and/or a fine of up to $3,000.
1st Degree DWI in MN
A first-degree DWI charge is levied when a person:
Has committed their fourth DWI offense within 10 years.
- Was previously convicted of a felony DWI.
- Was previously convicted of a criminal vehicular operation offense
First-degree DWI is a felony. A conviction could result in imprisonment of up to 7 years and/or a fine of up to $14,000.
Minnesota law also provides that drivers convicted of second and subsequent DWI offenses may be subject to mandatory penalties. The exact punishments depend on the facts of the case. For instance, a second offense may result in a minimum incarceration term of 30 days and 8 hours of community service. A third offense could lead to a minimum of 90 days incarceration and an intensive supervision program.
Aggravated DWI Charges in Minnesota
For determining the degree of DWI charge, an aggravating factor is defined as:
- A previous DWI offense within the past 10 years
- An alcohol concentration of .16 or higher
- A child under 16 years of age present in the vehicle at the time of the offense (if the driver was three or more years older than the child)
Minnesota Administrative Sanctions for a DWI
As mentioned earlier, in addition to criminal penalties, a driver suspected of DWI is also subject to administrative sanctions. These are immediate punishments for driving while impaired and may be imposed before the criminal case is concluded.
Administrative sanctions may include:
- Driver's license suspension or revocation
- License plate impoundment
- Vehicle forfeiture
- Ignition interlock device installation
The penalties vary depending on the number of previous DWI offenses and whether or not aggravating factors were present at the time of the incident. For instance, a first-offense DWI with an alcohol concentration between .08 and .16 may lead to a driver's license suspension of 90 days. However, if the driver refused to submit to a chemical test, they could lose their driving privileges for at least 1 year. If an individual has four or more previous DWI offenses, their driver's license may be suspended for at least six years.
For commercial driver's license holders who refuse a chemical test or have an alcohol concentration of 0.04 or higher, their CDL may be revoked.
Minnesota’s DWI Ignition Interlock Device Program
First-time DWI offenders with a blood alcohol concentration (BAC) of .16 or more (twice the legal limit)—as well as all second-time or subsequent alcohol offenders—have the option of regaining driving privileges by participating in the state’s ignition interlock device (IID) program.
The IID program enhances public safety by providing eligible alcohol offenders with the option to install an IID in their vehicle, promoting legal and safe driving. Thus, instead of completely losing one’s license and driving privileges for some time, participation in the IID program enables a person to continue to drive and monitors him/her to ensure s/he doesn’t drive—or attempt to drive—while under the influence or otherwise intoxicated.
What Is an IID?
An IID is a small piece of equipment mounted in one’s vehicle to monitor the driver’s BAC. Typically installed near the steering wheel, these devices include a tube into which the driver must blow before starting the vehicle. The IID is then connected to the engine. Any alcohol detection above a certain threshold level prevents the vehicle from starting.
Minnesota IIDs also randomly collect air samples while the vehicle is in motion to test for alcohol. This is to prevent an offender from having a sober person blow into the IID instead so that the vehicle will start.
The collected data is recorded electronically and subsequently reported to the Minnesota Department of Public Safety (DPS) every month.
How Are IIDs Installed?
IIDs can be installed in any car, pickup truck, or van that is operable with a regular Class D driver’s license, requiring no additional endorsements. However, IIDs cannot be installed in rental or recreational vehicles, including motorcycles, scooters, and other similar vehicles.
How Do I Participate in the IID Program?
The first step is to sign a participation waiver. These waivers are obtainable at the Driver and Vehicle Services Department at the DPS. Additional requirements necessary for IID program participation include:
- Having valid insurance on the vehicle in which IID installation will occur
- Passing a DWI knowledge test administered by the state
- Completing an application
- Paying the $680 application fee
- Filling out the state’s participation agreement
- Sending all required documents to the DPS
How Does the IID Program Work?
The IID program operates by allowing a motorist convicted of one or more DWIs or other specified DWI-related offenses to obtain a restricted driver’s license instead of having their license revoked for an extended period. This is beneficial for those who need to drive to and from work, school, or to pick up their children, rather than being completely denied the ability to drive. In this way, the IID program helps convicted DWI motorists lead more-or-less everyday lives.
How Long Does the IID Program Last?
Two primary factors determine the duration of a person's participation in the program. They are the number of prior DWI offenses and the offender’s level of intoxication at the time of the current offense.
Offenders are sentenced to a specific length of time to participate in the program; however, any violation of the program’s rules may result in an extension of their sentence. Typically, a first DWI results in a one-year IID requirement, and each subsequent DWI adds a year to the program’s total length.
Motorists with canceled driver’s licenses and whose driving privileges have been denied as inimical to public safety (IPS) must enroll in the IID program for three (3) to six (6) years to regain their full driving privileges.
How Is My Life Impacted by a DWI?
An arrest, charge, and conviction for driving while impaired could lead to more than just a night in jail.
Your life may be affected in various ways, including:
- Impacting your finances: If you're convicted, you may be assessed a steep fine. Additionally, you will be charged legal fees on top of those you must pay your lawyer.
- Impacting your employment: Some employers have policies against drunk driving and may make hiring and retention decisions based on an employee's (or potential employees) history. Depending on the severity of your offense, your job may be on the line.
- Impacting your privilege to drive: Your driver's license may be suspended for a few months to several years. This could make it difficult for you to attend to daily tasks, such as taking your children to school, grocery shopping, or commuting to work.
- Impacting your freedom: Depending on the facts of your case, if you're convicted of DWI, you could be incarcerated.
Avoiding a DWI in Minnesota
The number of DWI arrests in Minnesota declined by almost 40% between 2006 and 2015. This is due to public education efforts, stringent legal and administrative punishments, and increased efforts by law enforcement to identify problem drivers. Despite these improvements, 95 people still died on Minnesota roads in 2015 from accidents caused by impaired driving.
Don’t let your night on the town turn into a nightmare. If drinks are part of your plans, use these tips to ensure your adult fun stays legal and safe for everyone. To avoid a DWI, make a few decisions before you leave home so you can enjoy your party.
The safest way to have fun with friends is to choose a designated driver. One selfless soul agrees to stay sober all night to ensure a guaranteed safe, comfortable, and convenient ride home for the rest of the group. Rotate duties for regular get-togethers, so no one feels left out. Plan your trip using public transportation.
More obscure locations may require a bit of walking, but it’s worth it to avoid years of expensive legal issues. Check your schedules before your trip and allow yourself plenty of time to make connections and find stops. Call a cab. Make the trip budget-friendly by sharing the ride with others. Please note that extra stops and passengers may incur additional fees.
By avoiding a DWI conviction, you also bypass life-changing tragedy and years of wasted potential. With over 70 years of experience in Minnesota law, Rogosheske, Rogosheske & Atkins has the knowledge to guide you through the DWI process.
Working with Local Courts in St. Paul
When it comes to navigating DUI and DWI cases in St. Paul, local knowledge is paramount. Our team at Rogosheske, Rogosheske & Atkins, PLLC possesses an extensive understanding of the procedures and tendencies of local courts. Knowing the legal landscape and having relationships with local prosecutors can be pivotal in advocating for reduced charges or alternative sentencing. Clients benefit from our experience in the South St. Paul courts, where understanding local precedents can make a substantial difference.
Protect Your Future with Experienced DUI Defense Attorneys
Being charged with a DUI can have serious consequences that can impact your personal and professional life. At Rogosheske, Rogosheske & Atkins, PLLC, our experienced DUI defense attorneys are dedicated to protecting your rights and helping you navigate the complex legal process.
Why choose our DUI defense team?
- Extensive experience: Our attorneys have years of experience handling DUI cases and are well-versed in local laws and court systems.
- Personalized approach: We understand that every case is unique, and we will develop a customized defense strategy tailored to your specific circumstances.
- Strong advocacy: We will aggressively advocate for your rights throughout every stage of the legal process, from pre-trial negotiations to courtroom representation.
- Knowledgeable guidance: Our attorneys will explain the charges against you, the potential consequences, and all available defense options, ensuring you are fully informed and empowered to make decisions.
- Proven track record: We have a history of obtaining successful outcomes for our clients, including reduced charges, dismissed cases, and minimized penalties.
Don't face a DUI charge alone. Contact our experienced St. Paul DUI defense attorneys today to schedule a confidential consultation and start building your defense.
Contact Our St. Paul DWI Attorney Today
The stakes are high in a DWI case. If you've been charged, you need the skilled and aggressive defense our St. Paul DWI attorneys at Rogosheske, Rogosheske & Atkins, PLLC can provide. We explore every legal option and exhaust our resources to work toward a favorable outcome on your behalf.
Protect your license, your freedom, and your future. Call a trusted DUI attorney in St. Paul today for a free consultation and experienced legal guidance every step of the way.
