DWI Defense Attorneys in Burnsville

Let Our Team Fight for You

A DWI charge can have serious consequences, including fines, license suspension, and even jail time. If you're facing a DWI charge in Burnsville, MN, it’s crucial to have experienced legal representation. To navigate the legal process, you need a reliable and dedicated legal team by your side. At Caplan & Tamburino Law Firm, P.A.,  our dedicated Burnsville DWI attorneys are committed to providing you with quality legal representation by crafting tailored strategies to work towards minimizing the long-term repercussions of your charges.

Contact us today at (612) 444-5020 or contact us online to learn more about your legal options after a DWI arrest.

What Is a DWI?

A DWI, or Driving While Impaired, is a criminal offense in Minnesota that occurs when a person operates a motor vehicle while under the influence of alcohol or drugs. This includes prescription medications that can impair driving ability.

Key DWI Laws in Minnesota

• Blood Alcohol Concentration (BAC) Limit: The legal BAC limit for drivers in Minnesota is 0.08%. However, it's important to note that impairment can occur at lower BAC levels.
• Zero-Tolerance Law: For drivers under the age of 21, the BAC limit is 0.00%.
• Implied Consent Law: By driving in Minnesota, you consent to chemical tests to determine your blood alcohol concentration. Refusal to take these tests can result in severe penalties.
• Aggravated DWI: This is a more serious charge that can occur if your BAC is 0.16% or higher, or if you have prior DWI convictions.

Difference Between DUI & DWI in Minnesota

In Minnesota, the terms "DUI" and "DWI" hold slightly different meanings.

• DUI (Driving Under the Influence): This refers to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. It doesn't necessarily require a specific blood alcohol concentration (BAC) level.
• DWI (Driving While Intoxicated): This specifically applies to drivers whose BAC exceeds the legal limit of 0.08%.

Cases We Handle

Driving while intoxicated is a serious offense that can result in severe penalties. If you are convicted of a DWI, you may face fines, jail time, license suspension, or even an ignition interlock device installed in your car. This is why it's crucial to have our experienced Burnsville DWI defense attorney on your side.

We handle the following cases:

• Breath test refusal
• Boating while intoxicated (BWI)
• Commercial driver DWI
• Criminal vehicular operation
• DWI involving drugs
• Felony DWI charges
• Multiple DWI offenses
• Underage DWI

We can help you navigate the legal system and work to minimize the consequences of your charges. Don’t hesitate to get in contact with our team today.

The DWI Court Process in Burnsville

If you're arrested for a DWI in Burnsville, here's a general overview of the court process:

1. Arrest and Booking: You'll be arrested, taken to the police station, and booked.
2. Initial Court Appearance: You'll appear before a judge to be informed of the charges against you and to set bail.
3. Plea Hearing: You'll enter a plea of guilty or not guilty.
4. Trial: If you plead not guilty, a trial will be scheduled.
5. Sentencing: If convicted, the judge will impose a sentence, which may include fines, jail time, license revocation, community service, and alcohol treatment programs.

Defenses Against DWI Charges in MN

While a DWI charge can be serious, there are potential defenses that an attorney may be able to use:

• Unreliable Field Sobriety Tests: Challenging the accuracy of field sobriety tests like the horizontal gaze nystagmus (HGN) test or the walk-and-turn test.
• Faulty Breathalyzer: Questioning the calibration and maintenance of the breathalyzer machine used to measure your BAC.
• Illegal Traffic Stop: Arguing that the police officer did not have a legal basis to stop your vehicle.   
• Lack of Probable Cause for Arrest: Contesting whether the officer had sufficient evidence to arrest you.   
• Medical Conditions: If you have a medical condition that could have affected your behavior or test results, this may be a viable defense.

Can a DUI Conviction Be Expunged in MN?

Yes, under certain circumstances, a DWI conviction in Minnesota can be expunged. This means that the conviction will be sealed from public view, and in most cases, employers, landlords, and others will not be able to see it.

However, it's important to note that not all DWI convictions are eligible for expungement. The specific eligibility criteria depend on the severity of the offense and other factors.

DWI Penalties in Minnesota

Penalties can vary depending on individual circumstances, such as prior DWI convictions, blood alcohol content (BAC), and other aggravating factors.

Fourth-Degree DWI (Misdemeanor):

• Jail Time: Up to 90 days
• Fines: Up to $1,000
• License Revocation: 1 year
• Ignition Interlock Device (IID): Mandatory for a minimum of 90 days

Third-Degree DWI (Gross Misdemeanor):

• Jail Time: Up to one year
• Fines: Up to $3,000
• License Revocation: 3 years
• IID: Mandatory for a minimum of 1 year

First-Degree DWI (Felony):

• Jail Time: Up to 7 years
• Fines: Up to $14,000
• License Revocation: 10 years
• IID: Mandatory for a minimum of 2 years

Additional Penalties:

• Community Service: Mandatory hours of community service
• Substance Abuse Treatment: Court-ordered treatment programs
• Vehicle Impoundment: Your vehicle may be impounded
• Increased Insurance Premiums: Significant increases in auto insurance rates
• Court Costs and Fees: Various court fees and costs associated with the legal process

Why Hire a DWI Attorney in Burnsville, MN?

Facing a DWI charge can be a daunting experience, and it can be overwhelming to navigate the legal system on your own. At Caplan & Tamburino Law Firm, P.A., our Burnsville DWI lawyers understand the stress and uncertainty you may be feeling. That's why we're committed to providing powerful legal advocacy to help you navigate the complexities of the legal system.

Why You Should Trust Us:

• Decades of Experience: With over 100 years of combined experience, our attorneys have a proven track record of success.
• Board-Certified Expertise: Our team includes Board-Certified Criminal Law Specialists, a distinction achieved by only 3% of attorneys.
• 24/7 Availability: We're here for you, day or night. Your case is our priority.
• A Proven Track Record: We've successfully represented thousands of clients, including high-profile cases.
• Personalized Attention: We'll work closely with you to understand your unique situation and develop a customized legal strategy.

What We Can Do For You:

• Aggressive Defense: We'll fight for your rights and protect your future.
• Expert Legal Counsel: Our attorneys will guide you through the legal process, every step of the way.
• Peace of Mind: Knowing you have experienced legal representation can alleviate stress and anxiety.

Having a lawyer on your side can make all the difference. Don't leave your fate in the hands of chance. Hire our seasoned DWI defense team in Burnsville. Dial (612) 444-5020 or send us a message online.