In Minnesota, even drivers who have no previous DWI arrests may be treated as harshly as those with previous DWI convictions, something that wasn’t always the case. How is this possible?

Minnesota’s DWI laws permit prosecutors to “enhance” a DUI charge when:

1.      A driver’s alcohol concentration as measured by blood, breath or urine is .20 or more;

2.      A driver is charged with “test refusal”;

3.      A child under 16 is in the vehicle;

4.      A person is injured (criminal vehicular operation or criminal vehicular homicide);

5.      A person has one or more prior “convictions” for DWI (in this state or in another); or,

6.      A person has a previous “implied consent” license revocation, (even if they have no previous DWI or DUI conviction.

These “enhancements” apply not only to criminal cases, but to civil license revocations as well. In fact, one harsh aspect of Minnesota’s new DWI laws is that drivers with an alcohol concentration of .16 or more (not .20 or more) face a one year license revocation – and now no longer have the option of getting a work permit or hardship license.

So, after the shock of being charged with DWI begins to wear off, those same drivers will often ask the next logical question, “Is it worth it to fight the DWI charges?” The answer is that in most cases, it is, particularly where the government is enhancing the charges in the ways described above. No longer is the issue as simple as, “I drank and drove, therefore I must be guilty.” A good defense attorney knows that the government needs to prove more than whether or not you were over the legal limit; the government also has to prove beyond a reasonable doubt the specific facts required to enhance the charge. And while it is more than possible to straight up beat the DWI charges against you; it’s just as likely that those “enhancing factors” can be beaten as well. 

Getting affordable dui insurance is easy and is just a click away- get your dui insurance rates -which would certainly be low dui insurance rates.

Dui Charges and SR22 Insurance

Response :  A DUI charge is definitely confusing because there are actually multiple things that you could be charged with when you get a DUI. it’s very important that you take the time to read through all of the available information online so you know what exactly you are charged with and what your rights are.

Depending on the jurisdiction, this criminal offense may also be referred to as driving while intoxicated ( DWI ), driving while impaired (also DWI ), operating a motor vehicle while intoxicated ( OWI ) or operating a motor vehicle while intoxicated ( OMVI ).

DUI charges are usually based on a person’s BAC or blood alcohol concentration and may be determined by the administering of a breath, blood or urine test (which is usually conducted if drugs are suspected).

There are 2 main things you need to be concerned with about your DUI charge.  The first is the criminal charge and the second is the actions the DMV will take against your license due to your DUI offense.  Understand that they are 2 separate charges and you need to deal with each and not just the criminal dui charge.

If convicted you will also be required to get what’s known as an sr22 insurance policy as a condition for the DMV to reinstate your drivers license.  SR22 insurance policies are simply high risk auto insurance policies that cost alot of money.  There are alot of bad deals out there when it comes to sr22 insurance policies so you’ll want to be careful of the small companies that prey on people that get DUI offenses.

The penalties for DUI / DAI / DWI convictions vary according to many factors, depending on the blood alcohol level, the number of prior convictions, the age of the accused (in the case of underage drinking), and the status of the driver’s license at the time of the arrest. And can include a combination of:

Suspension of driver’s license

Revocation of driver’s license

Probation

Community service

Seizure of your vehicle

High risk insurance requirement

Fines

jail time

Suspension of your license plates

Mandatory alcohol education programs

Installation of an ignition interlock system on your car

Criminal record

CRN evaluation

A DUI conviction may also carry indirect penalties, such as increased automobile insurance rates and limitations on future employment opportunities. Of course, employment opportunities may be naturally limited by the transportation problems created by a DUI license suspension, but increasingly the conviction itself may preclude work in certain fields or with certain companies.The powerful lobby of organizations like MADD bringing constant publicity to the issue, and the growing ease with which employers can conduct criminal background checks, that impact is spreading beyond fields directly requiring a clean driving record.

Repsonse : Jeff, I would not worry much if you are strong willed and have taken the right measures so that this would never happen to you again. It is not uncommon to have one impared driving offence.

No. It is true that people with prior convictions for driving while impaired by alcohol are overrepresented among drivers in fatal crashes. According to a federal study, drivers convicted of alcohol-impaired driving during the past 3 years are at least 1.8 times as likely to be in fatal crashes as drivers with no prior convictions during the same time period and are at least 4 times as likely to be in fatal crashes in which drivers have high BACs (0.10 percent or higher).¹³

However, in 2007 only 8 percent of drivers in fatal crashes with high BACs (0.08 percent or higher) had previous alcohol-impaired driving convictions on their records. The actual incidence of previous convictions could be higher, because information on convictions was available for only the prior 3 years. In addition, some alcohol offenses are not included on driver records because of court programs that allow drivers to remove or avoid a conviction if they attend educational programs. Still, most alcohol-impaired driving fatal crashes do not involve drivers with a long history of multiple alcohol convictions.

Repeated offenders might have their license cancelled and so will not be able to drive. DUI might be asked to apply for DUI insurance and SR22 car insurance.