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:
- Arrest and Booking: You'll be arrested, taken to the police station, and booked.
- Initial Court Appearance: You'll appear before a judge to be informed of the charges against you and to set bail.
- Plea Hearing: You'll enter a plea of guilty or not guilty.
- Trial: If you plead not guilty, a trial will be scheduled.
- 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.
What Should I Do If I’VE BEEN ARRESTED?
-
1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
-
2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
MAKING A DIFFERENCE FOR OUR CLIENTS
-
“I'm deeply thankful for the team at Caplan & Tamburino Law Firm”
Writing on behalf of my brother, I'm deeply thankful for the team at Caplan & Tamburino Law Firm and how quick Joe responded to my online request. I received same day phone call and explained the situation to him, and he was able to accommodate a time and day that work for us to meet with Hannah. I would like to express my sincere gratitude to Hannah for her expert guidance and representation throughout the case. I would totally recommend this law firm.- D.Y. -
“Thank you and your law firm, Mr. Tamburino.”
- C.V.Thank you and your law firm, Mr. Tamburino. To be honest, going into this case I was lost in all the steps and confused on what to do. With the help from you, Ashley, and Tyler, I can say I felt relief that I had wonderful lawyers to help me through this incident. In the past 9 or 10 years, I had always tried to figure things out myself. Going into this issue, I was discouraged on my ability to avoid the harsh punishment of one bad decision I had made on the day of my arrest. You and your team gave me the hope and belief that I needed. So I just wanted to give you my thanks. If ever I have anyone who needs a lawyer I will most definitely recommend you and your firm.
-
“This settlement changed my life.”
I came to Caplan & Tamburino Law Firm, P.A. in 2018 after a severe accident left me unable to work and in constant pain. The firm helped me secure a $700,000 award, far exceeding my expectations. Their tireless efforts have completely changed my life, covering medical bills and future wage loss.- K.M. -
“Great care and compassion.”
I don't know any lawyers who would do what Caplan & Tamburino Law Firm, P.A. did for their client. Their care and concern show a great deal about their heart and compassion for others. Thank you for being so supportive.- R.H. -
“Outstanding and professional”
Thank you for everything you have done to help me with this court case. Without your help, things would definitely not have gone as well. Caplan & Tamburino Law Firm goes above and beyond to help clients. They are prompt, courteous, and professional. Highly recommend.- J.B. -
“I cannot thank you enough for your help!”
“Your patience, knowledge and especially your attention to detail was admirable.” -
“This settlement has completely changed my life.”
“This settlement has completely changed my life. I appreciate Joe and Hannah’s tireless effort.”- K.M. -
“Thank you for being so supportive”
“I just want to say that I don’t know any lawyers who would do what you did for your client.”- R.H.
-
Case Dismissal Assault ChargesAttorney Joe Tamburino represented a client in Anoka County on multiple assault charges involving multiple alleged victims. Joe litigated the matter for almost a year, and on the day of trial he got the case dismissed. His client was very happy.
-
Reduction of Charges Felony Theft
-
Case Dismissed Assault Charge
-
Case Dismissed Failure to Register as a Predatory Offender
-
No Executed Jail Time Criminal Sexual Conduct 3rd Degree
REAL PEOPLE. REAL RESULTS.
- Assault Charges
- Felony Theft
- Assault Charge
- Failure to Register as a Predatory Offender
- Criminal Sexual Conduct 3rd Degree