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Is it possible to have my license revoked and not be charge with a DWI? Is it common for it to take two weeks for citations?

Lino Lakes, MN |

I crashed my car and damaged someones property... I passed a road sobriety test but my breath test came in at 0.11, I was taken into custody but not processed.The only thing I received was a notice that my drivers license was revoke in 7 days and I was told I would receive my citations in the mail pending the outcome of the $ amount of damage to property. Since then I told the police that i was willing to pay for the damage out of pocket rather then turning it in to my insurance, the owner of the property agreed and the officer said it has now becomes a civil case and he would mediate between us and get back to me. Will I still be charged with the property damage? Has anyone had a revoked license and not been charged with DWI. Should I get a lawyer before I receive the citations? Thanks.

Attorney Answers 5

  1. Best answer

    It would be very rare if the officer did not submit this incident to the prosecutor's office to be charged as a DWI offense. The cops handle DWI charges like this frequently, holding off with the formal citation and letting the prosecutor issue it instead. You should assume that the criminal charges will come eventually. It can take weeks and even months in rare cases if the prosecutor's office is busy. As for the license revocation, you only have 30 days from the date of the incident to file a civil challenge to that in court, which I recommend for EVERY DWI situation in Minnesota. You should be consulting with experienced DWI attorneys in MN ASAP to get one retained to file that civil challenge and to monitor for the criminal charges when they get filed.

  2. If you tested a .11 you will be charged with a DWI. The prosecutor is likely in the process of reviewing possible charges and you will be notified via mail. It is not uncommon for this to take 3-6 weeks. However you have been issued a notice of revocation. You now only have 30 days from when that notice was issued (2 weeks ago) to challenge that or your will lose that right. Don't wait for the criminal charges contact an experienced DWI attorney without delay. Good luck.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.

  3. Talk to an Attorney and prepare for the worse.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

  4. Possible? Yes. Likely? Not at all. I would recommend that you retain an experienced DWI defense lawyer right away, to help you challenge the administrative license revocation before the 30 day period for doing so expires. When the criminal DWI charges come, you will then be represented. I generally view paying restitution up front as a helpful thing to do, where possible. This can be done more securely through your lawyer, however.

  5. It is very likely that you will be charged with the DWI. You can expect, at some point, to receive a Summons and Complaint in the mail. This is the formal charging document and will also have the date and time of your Initial Appearance in court. Yes, it is recommended that you retain an attorney and be prepared for the charge(s).

    Also, you mentioned that you "passed a road sobriety test." I assume you are talking about the field sobriety exercises (one leg stand, walk the line, etc...). There is no passing and failing these tests. Instead, the officer will notate every thing you did incorrectly in his report and this will be used against you by the prosecutor.

    I also would recommend that you no longer post any of the specific facts of your case online, as these posts are not privileged an you don't want anything used against you later.

    Hopefully, you won't be charged with the property damage, but again you should prepare to be charged with the DWI.

    I hope you find this information help, and I wish you the best of luck.

    Andrew Leone

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