3rd DUI

Thank you for the postl.

If you had a Blood Alcohol Content over .20, or if you have a second DWI within 10 years of a first, you were charged with a third degree offense. This is very serious and carries with it maximum criminal penalties of one year in jail and a $3000 fine. If convicted there are also mandatory minimum penalties of $1000 and 30 days in jail. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process.

There is also a civil case that results in the revocation of your driver's license. On a third degree offense, you may be revoked for up to six months. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense.

There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures.

There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.
**SOURCE CODE DEFENSES APPROVED BY MINNESOTA SUPREME COURT!!**

Even more compelling, on April 30, 2009, the Minnesota Supreme Court issued a decision related computerized source codes of breath testing devices that has added a new facet to the DWI defense attorney's ability to seek a dismissal of DWI charges by suppressing any breath test results.

Other points of a defense anaylsis include:

· Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

· Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

· Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

· Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

I have more than 17 years of experience in defending against DWI charges. We have affordable legal fees and provide aggressive representation.

Call for a FREE Consultation call us at 612.240.8005.

The answer would depend upon more information than provided. He should consult a Minnesota DWI Defense Lawyer (like me) to determien the answer.

One important danger that is present with a third DWI arrest is normally the lifetime loss of nromal drivers license - unless the implied consent license revocation challenge is filed in court within 30 days; and the DWI alcohol-related criminal charge is avoided. Otherwise, only a no-alcohol B-Card license may be available after at least a year of no license. A lawyer is needed to help win this fight.

Mandatory minimum sentencing statutes affect sentence in a DWI conviction with priors. Probation revocation for a new similar offense, typically would result in more exceuted jail time. More info on these are on my website, link below.

Clearly, he needs a good DWI defnese lawyer, before it is too late..

A third DWI is when criminal and civil penalties start getting really crazy. The criminal case carries a mandatory minimum of 90 days to serve in jail, a fine of at least $900, and probation for up to 6 years (plus treatment). The probation file will likely result in even more jail time being executed against the person as well.

The driver's license is revoked AND cancelled for one year without any work permit at all (unless the person wants to take advantage of the new ignition interlock program in Minnesota). When the license is reintated after one year, the person will have a lifetime alcohol restriction, which means that any use or possession of alcohol under any circumstances (doesn't have to involve driving or vehicles at all) will result in cancellation for another 3 years. Any more incidents would result in 6 years of full cancellation. Another civil penalty for a third DWI is forfeiture of the vehicle used to commit the offense, even if the offender is not the owner.

This is serious stuff anf obviously requires serious consideration of hiring a superior DWI defense attorney. There are a decent amount of us out there, most of whom have websites and other info available online. Do your homework and find someone with the best fit for your needs.