Edina Minnesota DWI Lawyer | Can A DWI Charge Be Reduced In Minnesota?
In Minnesota, a DWI charge can be reduced when it is not possible to prove all of the elements of the crime. This may happen if there is no breath test result or if that result does not show a BAC above 0%. However, it must also be shown that your impairment was at least partially due to factors other than alcohol and/or drugs (such as fatigue). Edina Minnesota DWI Lawyer
Can a DWI get reduced in Minnesota? Edina Minnesota DWI Lawyer
It is possible to get a reduced DWI charge in Minnesota. This can happen if you have evidence that you were impaired by drugs or alcohol, or if you have evidence that you were impaired by a factor other than alcohol or drugs.
In general, when someone is arrested for driving under the influence of alcohol, they will be charged with two counts: one for the implied consent violation and one for being impaired while driving (DWI). If both charges are filed against an individual, it’s important to know that even though both charges can stand on their own as convictions, only one has to be proven at trial in order for the other charge(s) to be considered valid convictions as well.
How can a DWI charge be reduced in Minnesota?
There are a number of ways your DWI charge can be reduced, but one thing that the prosecution has to prove is that you were impaired by drugs or alcohol and how much impairment was caused by drugs or alcohol. The purpose of this is to show that your driving was unreasonable considering all the circumstances, including any external factors like weather conditions, traffic flow and so on.
If you were under the influence of medication prescribed by a doctor for an illness or injury, then this may be mitigated by evidence of your disability (i.e., your medical condition). Further evidence might also include any instructions given by the pharmacist who dispensed it as well as any labels attached to the drug container stating what sort of side effects there could be if taken with other medications.
That the level of intoxication required by law was due at least in part to the fact that you were impaired by drugs or alcohol. Edina Minnesota DWI Lawyer
In order to prove that you were impaired by drugs or alcohol, the prosecutor will have to establish that the level of intoxication was due at least in part to the fact that you were impaired by drugs or alcohol. This means there is some evidence showing that your consumption of alcohol and/or drugs caused or contributed to your ability to drive safely. For example, if a DWI test showed an extremely high blood-alcohol content (BAC) and you had been drinking heavily all day but had not eaten any food since waking up, this could indicate that your BAC levels were higher because you hadn’t eaten anything all day – and not because of alcohol consumption alone.
The prosecution will not be able to prove either of these things unless they have evidence that you were impaired by other factors as well (at least one of which was not your impairment).
The prosecution will not be able to prove either of these things unless they have evidence that you were impaired by other factors as well (at least one of which was not your impairment).
The prosecution’s burden is higher than just showing that you had a blood alcohol content (BAC) over 0.08 or that there was drugs in your system. They also have to show that:
- You were driving a motor vehicle; and
- You were impaired by alcohol or drugs at the time, AND/OR something else
The state has to show not only how many drinks you had but also exactly how high your BAC went. If there is no BAC showing at all (e.g., due to lack of breath test results), even if you showed BAC 100%, the prosecution still needs to prove that your actual BAC was above 0% (i.e., more than 0% BAC can’t be reduced).
Conclusion
While the maximum penalty for a DWI charge in Minnesota is usually just 90 days in jail, it can be reduced if you have a good lawyer or public defender who knows how to defend you. The best way to get an attorney who will win your case is to hire one as soon as possible after being pulled over by police officers. Make sure they have experience in defending DWIs because this type of crime can be very challenging and complex compared with other kinds such as drug possession charges.
Contact Lauren Campoli, the top criminal defense lawyer in Edina MN, now to learn more about our legal defense services, or if you’ve been charged with a crime.