Minneapolis DWI Lawyers & DUI Defense Attorneys
New DWI Laws Effective July 1, 2017
New very important DWI laws went into effect July 1, 2017.
First, now, by statute, all blood and urine tests require a search warrant.
Additionally, blood draws cannot be taken by force, nor when the defendant is incapacitated. So a defendant can refuse to submit to a blood draw even when a search warrant has been obtained.
DWI Laws Generally
The DWI/DUI laws in Minnesota are counted among the toughest in the nation. More often than not, this has led to DWI/DUI charges even against vigilant individuals. This is primarily because while many individuals consider themselves to be in control after one or two drinks, in actuality, now, they could be above the legally permissible alcohol limit. That is because the limit is now .08 or more. Historically, it was legal to drive with an alcohol concentration of .15. Times have changed.
If you or any of your family members are accused of DWI or DUI, it is best to hire the services of a professional Minnesota DWI attorney such as Lynne Torgerson as soon as possible. You can achieve your legal objectives only through the right approach and diligence of an attorney such as Lynne Torgerson.
DWI Defense Strategies
Ms. Torgerson has extensive experience in the area of DWI/DUI. She is knowledgeable in the area of constitutional rights, a must for a DWI/DUI lawyer. Further, she has worked in the area of the source code, an issue of national concern. She also has involved herself in taking on CMI, Inc., the manufacturer of the Intoxilyzer. She also made herself a part of the Source Code Coalition. This Source Code Coalition hired a team of experts to analyze the source code.
She also regularly handles both the criminal case and implied consent case of a DWI/DUI. It is very important to immediately hire a lawyer when you get charged with DWI, because you only have 30 days to initiate an implied consent case. It you fail to do so, the DWI/DUI is permanent, even if you win your criminal case. This is a fact many lawyers are not aware of, and, even more so, clients are unaware of. Thus, you need to move very quickly.
DWI consequences can be very serious. They can include jail time, drivers license revocation, drivers license cancellation, forfeiture of your vehicle, a felony conviction, and prison.
Standards of excellence, a strong style and a creative DWI defense strategy is essential to achieve the legal goals of clients who are accused of driving while intoxicated in Minnesota. Perhaps one of the most effective Minnesota DWI defense strategies is to make the maximum out of each and every opportunity presented by the prosecution. These are several valuable DWI defense strategies which a lawyer such as Lynne Torgerson exhibits. And this is one reason why a lawyer of her stature and reputation is required to attain the best possible results in your DWI case.
Punishments for Different levels of DWI in Minnesota
It would not be an exaggeration to say that the State of Minnesota too often exhibits zero tolerance in DWI/DUI cases. This is one reason why the punishment or consequences for the DWI offenders is quite stringent. The punishment and penalties of a DWI conviction depend on the degree of the charge. While a misdemeanor fourth degree DWI offense can attract an incarceration of 90 days and a $1000 fine, a first degree DWI conviction which is a felony, can lead to a critical punishment which could impose an incarceration of up to five years and a fine of up to $10,000.
Once you find yourself or any of your loved ones charged with a DWI offense, it is crucial to seek the services of a highly professional and qualified Minnesota DWI attorney. Unless you hire the services of a capable and industrious Minnesota DWI lawyer such as Lynne Torgerson, it is very difficult to get rid of serious DWI charges.
Ms. Torgerson believes in preparing thoroughly for all her cases and is extremely creative in her approach towards representing clients with DWI charges against them. After all, when hard work meets opportunity, luck happens! Ms. Torgerson is reputed for winning difficult Minnesota cases. She has an excellent track record of developing and maintaining relationships with her clients, which she accomplishes by listening, thoroughness, preparedness, attention to detail, experience, strength, vigorousness, standards of excellence, as well as compassion for her clients. With over twenty seven years of legal experience on her side, she is your best choice for a DUI / DWI lawyer.
To run through the legal system is not very easy. Too often, without the proper legal representation, it will run over you like a train. However, with a lawyer such as Lynne Torgerson on your side, it is possible to achieve best results even when things look impossible. Ms. Torgerson loves to accomplish the impossible.
An early professional intervention has the potential to change the entire course of the case. CALL NOW FOR A CONSULTATION!
When is a warrant required in DWI/DUI cases? Breath test: no warrant required
The United States Supreme Court has ruled that a warrant is not required for a breath test, on the grounds that a breath test is a search incident to an arrest.
Blood and urine tests require warrant
The United States Supreme Court and Minnesota Supreme Courts have recognized in Birchfield and Beylund that a search warrant is required for a blood test or a urine test.
Implied consent advisory that states refusal to test is a crime violates due process of law
What this also means is that the implied consent advisory cannot state that a refusal to take a blood or urine test is a crime, on the grounds that such violates due process of law. McDonnell v. Comm’r of Public Safety. A blood draw requires a warrant, and therefore, refusal cannot be criminalized or administratively punished by revoking someone’s drivers license. Therefore, it is a violation of due process to misstate the law to an arrestee, and if the implied consent advisory so states, it is unconstitutional.
Minnesota DWI Attorneys & DUI Defense Lawyers
Our Minneapolis Drunk Driving Lawyers represent clients throughout the State of Minnesota. Lynne Torgerson, Esq. represents clients throughout the entire State of Minnesota.
Contact Lynne Torgerson today at 612-339-5073 to schedule your consultation. Our law firm can help you with our qualified Drunk Driving Lawyer in Minneapolis, Minnesota. We love our clients!