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How to Beat a DWI Charge in Minnesota

If you have recently been arrested for DWI in Minnesota, you could find yourself at a tumultuous point in your life. A conviction could result in jail time and fines, which says nothing of the potential damage to your reputation. Thankfully, it is possible to beat a DWI charge in Minnesota in many cases.

Beating a DWI is possible, but it is difficult on your own. The state has limitless resources, and the police and prosecutors will work tirelessly to secure your conviction. You need help to balance the playing field.

The attorneys of Gerald Miller know what it takes to succeed. Our team has a long track record of success in DWI defense, and we could put that experience to work for you. Reach out as soon as possible to schedule your free consultation with the attorneys of Gerald Miller.


Strong Legal Counsel is Vital

Before you take any steps toward beating your DWI charge, the most important step you can take is hiring the right attorney. When you have an attorney in your corner, you can eliminate the guesswork that can come with handling a DWI case for the first time.

Experienced legal counsel could evaluate every aspect of your case. This starts with a careful review of your arrest as well as the nature of your police custody. If your rights were violated, an attorney could raise that issue as a defense in your case.

Of course, not every attorney is the same. There are countless lawyers in Minnesota, but not all of them are a good fit to handle your DWI case. You could benefit from hiring legal counsel that focuses their practice on criminal defense. The more experience an attorney has handling DWI cases, the better a fit they are likely to be for your case.

The attorneys of Gerald Miller are dedicated, criminal defense lawyers. Our firm focuses extensively on DWI cases, and we have secured favorable outcomes for our clients across the state. Reach out to our firm right away to learn more.


What Can You Do To Protect Your Case in Minnesota?

Other than hiring an attorney, there are several steps you can take to protect yourself from a conviction following a DWI arrest. These steps might not guarantee an acquittal, but they could prevent you from putting yourself in further legal jeopardy. They include:

Do Not Discuss Your Case

The police and prosecutors are happy to talk about your arrest, but that does not mean they have your best interest at heart. In fact, their primary goal is to secure an admission from you that you were impaired while you were driving.

Any discussion of your case will only work against you. This is especially true when it comes to speaking with the police or prosecutors. Anything you say could be used as evidence against you. A statement regarding your use of alcohol for example could make it easier for the state to prove that you were impaired. The less you say about your case, the better.

Do Not Wait For Charges

Most people charged with DWI are arrested at the scene of a traffic stop. However, if you are under suspicion in a DWI case but have not yet been charged, do not wait for the police to knock on your door. Contact a lawyer right away to give yourself the best chance of a favorable outcome.

Do Not Delay in Hiring an Attorney

The sooner you secure legal counsel, the sooner they can get to work on your case. Any delay only works in the state’s favor, as the prosecutor will not delay in building a case against you. The sooner you hire an attorney, the more likely they are to develop strong evidence in your defense.


Defense Strategies That Could Beat a DWI Charge in Minnesota

There is no guaranteed strategy for beating a DWI Charge in Minnesota. Each case is different, and it is important to develop the right defense strategy that fits the facts of your case. Your attorney could evaluate every aspect of your arrest to determine what approach might work best in your scenario.

Lack of Evidence

It is the responsibility of the prosecutor to build a strong enough case to convict you. After all, the state must prove beyond a reasonable doubt that you were driving while impaired. If they cannot meet this high burden, you must be acquitted of the charges against you. With that in mind, citing the lack of evidence against you can be a strong defense strategy.

This approach is difficult if the state has test results that show your blood alcohol concentration is above the legal limit. However, if the prosecution has little in the way of evidence against you, the best defense is often to highlight this deficiency.

Violation of Your Rights

You have a variety of rights under the Constitution of the United States and federal law. When the police violate these rights, it could impact the evidence they can bring against you. Some of these defenses could be based on:

  • Illegal Searches or Seizures. The police do not have an unlimited right to search your vehicle or seize your property. If the police search your vehicle illegally and discover evidence of drug or alcohol use, that evidence could be suppressed at trial.
  • Illegal Traffic Stops. Most DWI cases originate following a traffic stop. As is the case with searches, the police do not have free reign to make traffic stops without a reason. If you are pulled over unlawfully, any evidence collected at your traffic stop could be withheld from trial.
  • Lack of Miranda Warnings. If you have been arrested for DWI, the police must read you the Miranda warnings before they can question you about your case. If they fail to do so, your statements could be excluded from the trial.

Most of these legal violations result in the potential exclusion of evidence at trial. This is important, as this lack of evidence could make it impossible for the state to build a winning case against you.

Improper Testing

Sometimes, the mistakes that police make during the collection or testing of your blood, breath, or urine samples could lead to a viable defense. While the results of these tests can be powerful evidence for the state, they are not reliable if they are not collected and tested according to state guidelines. Some of the defenses that can result from improper testing and collection include:

  • Failure to Observe. Before you give a breath sample, the police are required to observe you for a set period of time. This observation period is important, as it ensures that you do not eat or drink anything that could result in a false positive.
  • Lack of Certification. Police officers must be certified in order to conduct breathalyzer tests. If they lack these certifications, the results of the test could be inaccurate.
  • Unlawful Blood Draws. The police cannot force someone to give a blood sample against their will. Most of the time, results of a test from a blood sample collected without consent of the person cannot be used at trial.

Prosecution Errors

The prosecution also has certain obligations in your case. If they violate these rules and guidelines, it could impact the state’s ability to pursue charges against you. One of the most common issues that can arise is the violation of speedy trial rules. You have the right to a speedy trial, and the state could be forced to dismiss your case if they wait too long to take you to trial.

The prosecution could also have the case against you dismissed if they fail to provide you with all of the evidence they intend to use at trial. There are strict rules that must be followed regarding the disclosure of evidence.


Talk to an Attorney About Beating Your DWI Case in Minnesota

There is no guarantee that you can beat DWI Charge in Minnesota against you. However, these cases are often defensible, and the right legal counsel could assist you with reviewing your case and building the strongest defense possible.

The attorneys of Gerald Miller are ready to help you fight back. To get started with your defense, call our firm as soon as possible to schedule your free consultation.

Related Content: How to Get a DWI Dismissed in Minnesota 

About the author

Gerald Miller

Gerald Miller is a top-notch and experienced DWI/DUI lawyer at Gerald Miller P.A. in Minneapolis, MN. He has more than 35 years of experience in Criminal Defense practice. He has also been a mentor to numerous DUI/DWI defense attorneys.

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