Joel Heiligman has more than 36 years of DWI/DUI and Criminal Defense experience. As a St Paul DWI Lawyer, his objectives are to:

• PROTECT YOUR JOB
• KEEP YOU OUT OF JAIL
• PROTECT YOUR DRIVER’S LICENSE
• PROTECT YOUR DMV RECORD
• PROTECT YOUR FAMILY

Last year Minnesota hit a new record high in DWI arrests – 40,000. Over 470,000 Minnesotans – one in eight licensed drivers – have been arrested for DWI.

In Minnesota, you do not need to be driving your car to get a DWI. You only need to be in “physical control” of your vehicle. This means that you can get a DWI if you decide that you shouldn’t be driving and you just climb into your car as a place to “sleep it off” or pull over to the side of the road to sleep.
What should you do if you are pulled over when you have been drinking?

Be polite. You must show your driver’s license and insurance card when stopped in a car. Otherwise, you don’t have to answer any questions.

You do not have to consent to any search of yourself or your car. If you do consent to a search, it can affect your rights later in court.

What should you do if a police officer asks if you have been drinking?

You are not required to answer alcohol related questions. The best option is often to politely refuse to answer, such as, “I would like to speak with an attorney before I answer any questions”.
What should I do if a police officer asks me to take field sobriety tests?

If you aren’t legally intoxicated or impaired, then performing these tests may get you home in short order. But you are not obligated to perform any roadside tests. Most of us may not know what it feels like to have a blood alcohol concentration of 0.08. We don’t typically carry a device with us that measures our blood alcohol levels after a few drinks. And taking field sobriety tests gives the officer an opportunity observe your behavior in order to build a case for DWI. The officer will be looking for certain clues or signs of intoxication.

There are a wide range of field sobriety tests (FSTs), but most officers have begun following the federally-approved “standardized” field sobriety tests. These consist of a battery of three tests: (1) Heel-to-Toe (also referred to as “walk-and-turn”): (2) One-Leg Stand (standing on one leg and counting); and (3) Horizontal Gaze Nystagmus (following the officer’s finger with your eyes).

You are not legally required to take any FSTs. The officer directing the tests is the sole judge of your performance and is only noting the things you do incorrectly. Therefore, in most cases a polite refusal to perform FSTs is appropriate.

Despite what you might see on television, a police officer is not required to read you the Miranda rights unless you have already been arrested and the officer intends to ask you questions related to the offense of DWI. In many cases an officer does not read the Miranda rights until after you have submitted to chemical testing for alcohol concentration. Once the officer reads these rights to you, you should decline to answer any questions and ask to speak with a lawyer.
What is the punishment for DWI?

The consequences can vary depending on the circumstances and the jurisdiction, but in Minnesota the maximum punishment for a first time DWI is 90 days in jail, and a $1,000 fine. While there is no required minimum amount jail time, there are some mandatory penalties for a first time DWI including a mandatory minimum fine of $300, a mandatory chemical dependency assessment, a loss of driving privileges, and payment of reinstatement penalties.

You can lose the license plates on your car as a result of a first time DWI if your BAC test was over 0.20, or if you had children in your car, or if you refused to take a test for BAC. This isn’t limited to the car you were driving. You can lose your plates on all vehicles registered in your name.
You can lose your car for a second DWI.

Under certain circumstances you can forfeit the right to your vehicle if you get a second DWI within ten years of your first DWI.
Can I get a limited license to drive to work?

In most cases, yes. When you are charged with a first time DWI, you receive a temporary license allowing you to drive for 7 days. You are then eligible to get a limited license after a 15 day period without any driving privileges (22 days after being charged with DWI).

For a FREE CONSULTATION which is Available 24 HRS A DAY!

Call 763.788.9231 OR 612.382.7576 or visit my contact page.