Will I also be criminally charged for DWI after receiving Urine results & driving revocation from DPS/DVS?

Asked over 1 year ago - Minneapolis, MN

Was driving my friends car police pulled me over for implied consent. It was snowing and streets were pure ice. Refused to do field sobriety test at the scene because of weather and I had on 4 inch heels. Agreed to Breathalyzer but both of their 2 machines on scene malfunctioned because it was very cold outside. Was arrested and taken to Bloomington police station. While at the station that machine also malfunctioned.They gave urine test advised me to call for a ride was let go and told I will get the results in mail. I received results today and my license was revoked for 2 yrs because urine test results said my BCA was .16 & previous reduced DWI 12/23/03 to reckless driving. I had 3 beers and 175lbs. Now what? Will I also receive court papers for criminal charges?

Attorney answers (3)

  1. Andrew M. Leone

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes, it is very likely (and probably a certainty) that you will receive a Summons and Complaint in the mail. On this document will be the charge(s) that have been filed against you, as well as your first court date.

    Its important to remember that the Driver's License revocation is a separate process from the criminal court case. It is possible to challenge the suspension, but you have to be proactive and formally request a hearing within 30 days of receiving the notice.

    I would imagine that it won't take too long before you receive the Summons and Complaint for the criminal case (maybe a week).

    I hope you find this information helpful and feel free to contact me if you have any other questions about your case or the process. I wish you the best of luck.

  2. Thomas C Gallagher

    Contributor Level 17

    2

    Lawyers agree

    Answered . First, be sure to serve and file a Petition for Judical Review to challenge the administrative drivers-license revocation with the 30 day time limit. You'll need a DWI defense lawyer's help with that. Yes, the criminal-DWI charge will likely come soon. When I fight these kinds of cases, I do an exhaustive gathering of facts. On just the face of the facts presented in this question, I would take a serious look at whether the police officer had a legal basis for requesting a PBT or probable cause to arrest.

  3. Landon J Ascheman

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . The best thing for you to do at this point is consult with a criminal defense attorney directly. Many of us offer free initial consultations and can explain the situation, the possible charges, and your options.

    For a free consultation, call 612-217-0077. This information is general in nature. You should not rely on this... more

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