What are My Rights in a DWI Minnesota, and What Responsibilities do I Carry?
When you’re charged with a DWI in Minnesota, you may think that you don’t have many options. And while the penalties for a DWI in Minnesota may be harsh, you do still have some rights and aren’t just a third party in the case, nor should you be treated like one. But, before you know what your rights are in a DWI Minnesota, you should also know what your responsibilities are.
The state of Minnesota states that any driver of a vehicle is giving implied consent. This means that any driver who gets behind the wheel, is automatically agreeing to blood alcohol testing should a police officer require it. Many people aren’t aware of this law and so, the police officer at the scene is required to give some form of implied consent advisory or warning. This warning will let you know what the consequences are for not submitting to a blood alcohol test and usually, these consequences are an immediate revocation of your license. However, it’s not only this law that many drivers are unaware of. Many drivers also mistakenly think that when they’ve been pulled over or charged with a DWI, they have no rights. But if you’re in Minnesota, you definitely have rights in a DWI, and you should be fully aware of them.
Hiring a good attorney who’s fully versed in your rights in a DWI in Minnesota will help you in your rights in a DWI in Minnesota. These attorneys know just what your rights are exactly, and they’ll help you protect them. And the right to a Minnesota implied consent advisory is just the beginning. The first right you have after being arrested for a DWI is to be read your Miranda rights. If you are not read your Miranda rights, it will most likely not get your case dismissed, but any statements you made prior to being read your rights will not be able to be held against you in court.
In Minnesota, you also have the right to fair sample collection, fair officer procedures, and a fair trial. The blood, urine, or other sample that was taken to prove that you were intoxicated while driving must be taken lawfully, and it must be taken correctly. Things like passing gas through your mouth or vomiting just prior to the test may cause alcohol that was consumed beforehand to be present in your stomach, and not your lungs. If this is the case, it could result in the test sample being thrown out. Also, the test sample must be labeled and stored correctly before court.
If your license is suspended after conviction, and it most likely will be, you have the right to challenge the suspension in order to get your license back. And if you need your license for work or school, there are also rights that can get you a limited license. It’s true that while you may be facing severe consequences, there are also many rights you have in a DWI Minnesota. And hiring a lawyer will help you be aware of them
Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg.,
Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902
E-mail:info@halbergdefense.com
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