“THE BEST DEFENSE”
If you have been charged with a first time DWI test failure or test refusal, and are 21 years of age or older, there is a way to shorten the period of your driver’s license revocation in Minnesota by pleading guilty to the DWI. Before you consider this option, it’s important to first seek the advice of your attorney regarding the strength of the state’s case against you. Your attorney may advise you, for example, that the police stop of your vehicle was illegal and that a defense motion should be filed to dismiss the criminal charge and that a petition should be filed to reinstate driving privileges. Your attorney may also alert you to other grounds that can be used to seek the dismissal of the criminal charge and the reinstatement of your driving privileges such as when the police officer does not have probable cause to arrest you for DWI or when your refusal to submit to chemical testing was reasonable.
After careful review of all the state’s evidence and consultation with your attorney, you may decide that there is no legal basis that is likely to succeed in challenging the DWI charge or in seeking the reinstatement of your driving privileges. In that event, you may want to consider a way to cut your losses by shortening the period of your driver’s license revocation.
If you are charged with a first time Third Degree test refusal, a gross misdemeanor, and you are 21 years of age or older, you may want to consider entering a guilty plea to the Third Degree DWI. This technique will allow you to shorten the period of your driver’s license revocation from one year down to 90 days. The better result would be to get the prosecutor to allow you to plead guilty to the amended charge of misdemeanor Fourth Degree DWI. This tactic would reduce the period of your driver’s license revocation even further; from one year down to 30 days.
If your are 21 years of age or older and are charged with a first time misdemeanor Fourth degree DWI for a test failure, you can shorten the period of your driver’s license revocation from 90 days down to 30 days by pleading guilty to the Fourth Degree DWI. This should only be done where your blood alcohol content was too high for a prosecutor to offer you a plea to the amended charge of careless driving.
If you have been charged with a DWI offense, or any other crime, you should hire a skilled Minneapolis criminal defense attorney to defend your freedom. Robert J. Shane has over 27 years of experience as a criminal defense attorney and will use his experience to provide you with The Best Defense. For more information and tips for suspects in a criminal case, or to discuss your case, please call Robert J. Shane at (612) 339-1024 or visit my website at www.criminallawyerminnesota.com.