I'm from Nebraska and was charged with Fourth-Degree Dwi in Minnesota with an alcohol concentration of 0.10 but passed the diagnostic check. I have a clean background with no records and this would be my first time getting charged for dui. Also, I'm an international student with an F1-visa and would be graduating next semester. I
Hire a lawyer if you are able to. The question about your visa is a complicated one. You'll want an attorney that can defend you on the criminal charges and also advise you about possible immigration consequences.
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If you travel abroad and want to return you may be found inadmissible.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
A fourth degree DWi is a misdemeanor which carries with it maximum possible penalties of 90 days in jail and a $1 ,000 fine. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county. On a misdemeanor, your attorney can appear at the first hearing without your presence with a signed and filed Waiver of Presence.
License Revocation or Cancellation - The Implied Consent
A DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation. This MUST occur within 30 days after you were revoked. A public defender will NOT Handle the civil matter. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime. In that judicial review, the challenges are the same as those made in the criminal case. The revocation periods and procedures for reinstatement have become much more difficult in the last decade. A first offense within 10 years and a blood alcohol concentration below .16 has a revocation period of 30 to 90 days .
There are many challenges to a DWI. I am not sure what you mean when you say you passed a diagnostic test. More would have to be known about your circumstances because defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence. Currently, there are strong challenges to many DWI offenses as a case winds its way through the US Supreme Court related to Minnesota law.
Additionally, as part of any DWI arrest, the Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.
You would be wise to retain an experience lawyer
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What happened to you can depend on a host of factors this is merely a charge so get yourself a good attorney ASAP
Contact one or two Avvo lawyers Today for a Free Consultation, The reason is that the answers herein are not intended to be Legal Advice and do Not establish an Attorney-Client Relationship. *The Internet does not competently assist a person in defending against criminal charges, and in fact can harm one's case.
You should consult with an attorney. A DWI can have immigration consequences. If you retain an attorney, you may not have to return to court in Minnesota to resolve the case. If your alcohol concentration is 0.10, there generally would be a good chance to reduce the criminal charges to a non-DWI offense such as careless driving.
This answer is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For legal advice specific to your circumstances, consult a licensed attorney confidentially in your state.
You need an immigration attorney and a DWI attorney now. A DWI carries serious consequences that you should avoid if possible. Equally immediate is the danger of a revocation of your F1 visa. The Department of State is revoking non-immigration visas, including F1 and H1B visas, upon notice merely of a DWI arrest, even without a conviction. You need immigration counsel now.
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Hello. Prior post contains statement which may be incorrect & misleading, and so ought to be discounted.
I urge you to view this problem as very serious.
I urge you, without reservation, to have an attorney assist you & represent you in these issues. Be aware that only a small handful of us attorneys are adept with both criminal law & visa - immigration sorts of legal issues.
Ms. Brost provided you excellent general info' as to your visa. Your attorney can provide you with detailed legal guidance & advice.
It is good that you have a clean record.
Also, be aware that if a person has received a DWI-DUI-OUI-OWI, very often that person has operated a vehicle 50-60-even over 100 times prior while drunk/impaired by chemicals. The odds are quite high, too, that you are alcoholic & ought not touch any alcohol.
I suggest you consider seeing a chem' dep' addiction psychiatrist at this time. A medicine, naltrexone, is said to be far underutilized in the USA & with proper & consistent use, over time, desire for 'booze' can become a thing of the past for many people.
I suggest you may consider participating in a healthy & strong Open A. A. group at this time. The MainStreeters group in the Twin Cities is a well known healthy group. Generally I urge you try out several groups; hot all are healthy & wholesome.
Be wary of 'free advice'. Best to you - Nebraska can be a wonderful state to attend higher education.
Tricia Dwyer Esq
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
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