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How to Get DWI Charges Dropped in Minnesota

No one goes into an evening out with friends expecting it to end with an arrest for driving while impaired (DWI). Unfortunately, many people face that exact situation. An arrest for a DWI charge in Minnesota is a serious situation, but there is no guarantee that it will lead to a conviction.

If you have been charged with DWI, it is understandable if you are curious how to get those charges dropped. While it is possible for the state to dismiss the charges against you, this outcome is not that common. The good news is that there are other ways to obtain a favorable outcome in your case.

The attorneys of Gerald Miller understand how important it is to fight back against a DWI charge. Our attorneys will work tirelessly to have your case dismissed. If that approach is unsuccessful, our attorneys could help you fight for acquittal at trial. Reach out for a free consultation to discuss your legal options.

 

Who Can Dismiss a DWI Charge in Minnesota?

Before you can have your DWI charges dropped, it is important to understand who has the authority to make that decision. The power to pursue or dismiss a criminal charge rests with the prosecutor. Other interested parties, including witnesses and even the arresting officer, have no power to determine if your case moves forward or not.

The prosecution can drop DWI charges on a whim, but that is uncommon. In fact, these individuals are more likely to aggressively pursue a conviction against you even if the evidence of driving while impaired is weak. The good news is that securing a dismissal could still be possible.

 

Why Would Prosecutors Drop my DWI Charge in Minnesota?

A prosecuting attorney will not dismiss your DWI case out of compassion. Without a valid reason to drop the charges, you can count on the state not only moving forward with your case but aggressively pursuing a conviction. In order for you to see your charges dropped, you and your attorney must give the prosecutor a reason to let the case go. For the prosecution to drop your charges, there typically must be a defense strategy that is strong enough to make the prosecutor believe there is little chance for a conviction.

Illegal Traffic Stop

One of the primary defenses that could see your case dismissed is based on an illegal traffic stop. The police do not have free reign to pull over any car. Instead, they may only initiate a traffic stop with a vehicle if they have reasonable suspicion that an offense has occurred. This could be suspicion of a moving violation or a more serious crime.

Despite this reality, police frequently make traffic stops without proper grounds. When this happens, any evidence they collect could be thrown out at trial. This is thanks to the doctrine referred to as the “fruit of the poisonous tree.” Under this rule, any evidence that resulted from an illegal search or seizure is tainted by that constitutional violation and cannot be used against you. This evidence could include an admission of drinking, your performance on field sobriety tests, or even the results of a blood, breath, or urine sample.

Invalid Chemical Test

Prosecutors frequently build their case around the results of a blood, breath, or urine sample. If the test results indicate the driver’s blood alcohol concentration (BAC) was at or above the legal limit, the state generally has enough evidence to secure a conviction. That is why if your attorney can have the results of the chemical test excluded at trial, the state might not have a strong enough case to prevail.

There are different reasons why a judge might throw out these test results. For starters, there are regulations on how certain samples are collected or tested. While officers can take a breath sampler, a registered nurse must administer a blood draw. If the person taking the sample lacks the necessary qualifications or otherwise violates the law, the results of the test could be tainted. When that happens, the court is likely to throw those results out.

There are also rules regarding the testing of chemical samples. Great care must be taken when transporting or testing blood or urine samples, and any misstep could result in false positive test results. If a sample is not properly stored, transported, or tested, your attorney could have the results of that test excluded from the trial.

 

What if Prosecutors Won’t Drop the Charges Against Me in Minnesota?

You are not out of luck even if the state refuses to dismiss the charges against you. It is possible for you to mount a strong defense and prevail even if the state is determined to pursue a case against you. Of course, the right defense strategy will also play an important role in this process.

The attorneys of Gerald Miller know that the way you approach your DWI case will partially determine its outcome. We are ready to put our experience to work in your case to help you secure the favorable result you deserve. Reach out today to learn more about your defense options.

Moving to Dismiss

The prosecutor is not the only person with the power to dismiss your case. The court also retains the power to dismiss a case regardless of the prosecutor’s decision. If you believe your rights were violated, your attorney could file a motion to exclude evidence. If enough evidence is excluded, the court might agree to dismiss the case entirely.

The grounds for dismissal are the same as if your attorney had asked the prosecutor to drop the case. These motions typically focus on illegal traffic stops or searches. They also commonly stem from contaminated chemical tests.

Pleading Guilty

Most DWI cases ultimately end with a guilty plea. While pleading guilty is not a best-case scenario, it is often possible to reach a deal that avoids jail time or other steep consequences. When the evidence against you is strong, one of the best ways for your attorney to advocate on your behalf is by negotiating a fear plea bargain.

There are different ways pleading guilty could work in your favor. In some cases, the state might reduce the charges in exchange for your plea. In other situations, you might face the lowest possible penalty. The important thing to remember is that the decision to plead guilty is ultimately yours. Your attorney can advise you on what they think is best, but you have to determine whether you want to accept a settlement offer or not.

A plea bargain could be favorable in different ways. It could include a recommendation that you pay minimal fines or do not serve any time in jail. It could include dismissing secondary charges in addition to your guilty plea. In many ways, it could result in an improved outcome compared to taking your case to trial.

Taking the Case to Trial

There are times when the best option available to you is to take your DWI case to trial. The thought of going to trial can be scary, as the outcome is uncertain. However, despite the challenges that can come with trying a DWI case, it is worth noting that these charges are often defensible. With the right attorney and a strong defense strategy, you could prevail at trial and beat the DWI charges you currently face.

The attorneys of Gerald Miller are never afraid to take a DWI case to trial. Our team is full of experienced litigators that will not back down. We will carefully evaluate the evidence in your case and advise you on your options. If you choose to take your case to trial, we will aggressively fight for your acquittal.

 

Talk to an Attorney about Dismissing Your DWI Charges in Minnesota

Facing DWI charges in Minnesota can be overwhelming for most people. Often, the police and prosecutors will treat you as if you have no option but to plead guilty. In reality, it could be possible for your attorney to have your charge dropped by the prosecutor or even dismissed by the court.

The attorneys of Gerald Miller have a long track record of winning DWI cases. If you are ready to fight back against your charge, reach out as soon as possible for a free consultation.

Related Content: How Hard Is It to Get My DWI Case Dismissed in Minneapolis?

 

About the author

Cody Wright

Cody Wright is a dedicated DWI/DUI lawyer at Gerald Miller P.A. in Minnesota. He ensures your voice is heard in a system that often discourages the accused from speaking up. He has received his law degree from Mitchell College of Law.

 

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