What is the Best Impaired Driving Defense in Minneapolis?
When you are charged with a crime in Minneapolis, you always have the right to raise a defense. Arrests for driving while impaired (DWI) are no exception. Not only do you have the right to build a defense in these cases, but these strategies are often successful in security favorable outcomes.
There are countless defenses available in a DWI case. That does not mean each of them will be appropriate in your situation. The facts in your case will determine which defenses might work best for you. What is important to remember is that no single defense option is the best in every situation.
The attorneys of Gerald Miller have raised countless defenses in an impaired driving defense strategy case in Minneapolis. We understand your rights and how they interact with your defense strategy. Reach out as soon as possible to learn how a DWI defense attorney could help you build a winning impaired driving defense strategy case.
Your Attorney Could Help Identify The Best Defense For You in Minneapolis
There is no single defense that is the best option in every DWI case. The reason that there are so many viable defenses is that there are also countless fact patterns that could apply. For example, if you were not administered field sobriety tests, a defense based on challenging the results of those tests would not be your best option.
A critical aspect of building the right defense strategy is understanding your rights. After all, many of these strategies are directly related to enforcing your rights and holding the police accountable when they are violated. Determining if the police acted within the bounds of the law when you were arrested for DWI is a major piece of the puzzle in most cases.
Having strong legal counsel by your side is important. It is not easy to identify the best defense option in some cases. In fact, you might be aware that your rights were violated without first speaking to an attorney about your case. It takes experience and skill to carefully evaluate allegations of DWI and then build a defense strategy that is appropriate for the facts at hand.
The attorneys of Gerald Miller have built their careers protecting the constitutional rights of their clients. We understand your rights and are ready to help you enforce them. This could involve aggressively pursuing the dismissal of the charges against you due to the violation of your rights.
Common Defenses in Minneapolis DUI Cases
There are numerous criminal defense strategies for a DWI case. Some of these offenses might be more commonly used than others, but each of them is potentially valid depending on the facts of your case. Our firm could evaluate the allegations against you before assisting you in identifying the ideal defense strategy in your case.
Challenging the Police Stop
Arguably the most common defense in DWI cases is a legal challenge to the stop. The police cannot pull over drivers for any reason—or no reason at all. Instead, they must have valid grounds to stop or search a vehicle. This could include witnessing a motorist commit a moving violation.
Unfortunately, the police frequently pull over drivers without valid cause. When they do so, they could be jeopardizing the state’s case against you. If a police officer makes an unlawful police stop, the evidence they collect following that stop could be excluded from the trial.
This evidence could be the bulk of the case against you. For example, your attorney might be able to exclude an admission that you were drinking, your failure of field sobriety tests, and even the results of a breathalyzer test.
Challenging the Chemical Test
Most of the time, the state will rely heavily on results from your blood, breath, or urine test. In order to secure a conviction for DWI, they need only to show that your blood alcohol concentration (BAC) at the time you were driving was at .08 or above. With that result in hand, the state could have enough evidence for a conviction.
Chemical tests can accurately measure your BAC—when they are performed correctly. Errors during the collection, storage, or testing of these samples could render the results unreliable. Breath test results should not be used in cases where the operator collecting the sample is uncertified or failed to calibrate the device. Blood samples should not be used if they were not stored or transported according to the guidelines.
One of the best defense options available to you is excluding the results of these tests. Your attorney could file a motion to exclude based on a number of factors. If the results of the test are excluded from your trial, the state might have little choice but to dismiss the charges against you.
Rising Alcohol Defense
Ultimately, the most important factor in whether or not you were driving while impaired is the amount of alcohol you had in your system while you were behind the wheel. While this does not always come into play, there are times when your conviction could hinge on whether your BAC was rising or falling at the time you were tested.
As you consume alcohol, your BAC goes up. Over time, your body metabolizes that alcohol, and your BAC goes back down. This is relevant to your DWI case if your test result was close to the legal limit. Remember: you are only guilty of DWI if your BAC is over the legal limit while driving.
If you consumed alcohol shortly before driving, your BAC could have been below the legal limit while you were behind the wheel. In the time that it takes for you to be arrested and your breath tested, your BAC could have risen over the legal limit. You could make the case that while driving, you were not impaired yet.
Not in Control of the Vehicle
Although the offense is named “driving while impaired,” it is possible to be charged even when you are not driving. According to Minnesota Statute Section 169A.20, you could be found guilty of DWI when driving, operating, or being in physical control of a motor vehicle while intoxicated.
The third element—physical control—was included so that DWI laws apply to individuals who are in a position where they could drive at any moment. This is commonly used against drivers who are parked in running cars, or who have the key in the ignition at the time of their arrest.
Just like every other element of a crime, the state must prove a person is in physical control of a vehicle beyond a reasonable doubt. However, this standard is fairly subjective. If you were near a vehicle but not in physical control of it, you could be acquitted of DWI in Minneapolis.
Speedy Trial Violations
Every time the police bring criminal charges against someone, they have a limited window of time to take that case to trial. This is because of your right to a speedy trial, which is guaranteed by the U.S. constitution.
A lengthy and unreasonable delay in a criminal case could leave a person behind bars for long periods of time without being convicted of any crime. The right to a speedy trial means the state must avoid unreasonable delays. If they fail to do so, the court could dismiss the charges against you forever.
It is important to understand that while this right protects you, it is not without exceptions. The state generally has one year from your arrest to bring you to trial. However, the court also has the power to pause that one-year period—especially if you request additional time to prepare. These exceptions could result in a criminal case dragging on for years without violating speedy trial rules.
Reach Out to Gerald Miller to Discuss Your Impaired Driving Defense Strategy in Minneapolis
You have a wide range of potential defense strategies in front of you during an impaired driving defense strategy case. However, not every strategy will be appropriate for the facts of your arrest. Instead, it is in your best interest to seek out legal counsel that can help you aggressively pursue the right defense strategy. The attorneys of Gerald Miller could work with you to build a winning strategy that leads to acquittal. Contact us as soon as possible for your free consultation.
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