Some prosecutors , particulalry outside the Twin Cities area, will seek jail time or community service or STS (picking up trash on side of highway, etc.) for a first offense at a +.20. A first offense Gross Misdemeanor is not an offense typically resulting in deportation, although technically it may render a defendant "deportable." It is NOT a crime of moral turpitude bec. it is not a Sex Crime or a crime of Dishonesty (Like theft, etc.). It Can, however, be considered an aggravated felony...
This is very sad. But no, there is no such thing as an alcohol-only OFP. You could take him to family court and have him ordered to not be allowed to be around the kids if he has been consuming alcohol. OR it could be a condition of probation if he is convicted of a crime like domestic assault, disorderly conduct, Or DWI, etc.
Yes, they can pull you over after running your plates. I'm assuming that comment refers to the DAR ticket. If so you did "do something wrong." You drove w/o a valid DL (driving after Revocation) Your chance of fighting the DAR/DAS ticket is probably zero, unless you could show they did not send proper notice of the suspension (for failure to appear on the first ticket, the No Ins.) to the address on your DL.
Mr. Gallagher's and other answers are correct. Not only is it possible to get a careless if you blow a .093, with a skilled attorney it should be highly likely. See www.dwi-legal.com more more info and call us for a free initial consult 952-913-1421.
Unfortunately, Domestic calls frequent generate DWI's because police love to write DWI's bec they get more grant money, staffing, etc. and writing a DWI is like low-hanging fruit or shooting fish in a barrel...too easy for them to pass up. As others said, this case raises complex issues, maybe even a DWI criminal necessity defense, so get an experienced, highly rated 10.0 Avvo atty. right away.
The gentleman from NJ is correct, this case is already in court, you can't keep it out, and calling Walmart or the police will make no difference. You need to get an atty. for your son asap. We offer a free initial consultation. Call us at 952-913-1421 tomorrow and mention Avvo.
It depends. Not enough info. is given to answer. Personal injury lawyers often handle such cases. See www.avvo.com for a lawyer in your area. I am sorry for your injuries (physical and emotional). Best of luck,
Get an ofp (order for protection) or harassment restraining --they are not same-- but these are just pieces of paper that do not stop many people. The papers just make it illegal for her to contact you if she is ordered not to. You should consider taking a self defense class and carrying mace. Also contact police to make a record of all contacts.