Minnesota as DUI laws that (Driving under Influence) are among the toughest in the country. The recent lowering of the legal limit of BAC from .10 to .08 has made it even tougher. Just like drunk-driving laws also called DUI or DWI laws that exist in other states, Minnesota DUI arrest also involves two separate cases.
The first case is that of a criminal court case wherein drunken driving punishment is meted and the second case is sought by the Minnesota Department of Public safety- if the person charged with DUI is proved guilty it can have adverse affect on his Minnesota driving privileges. The third charge will be levied if the driver refuses to undergo the chemical test after being arrested for drunk driving. This constitutes a separate and different criminal offense - over and above the first two cases. This is how tough DUI laws are.
Under Minnesota DUI law, the driver who has been arrested for breaking the law has the right to consult his DUI defense attorney if he has one before taking the necessary test for to determine BAC level. If the driver arrested under DUI charges does not know of any DUI defense layer, the police provide the driver with a directory of DUI lawyers so that he can choose one from it. Under Minnesota DUI law, the criminal court punishment for driving under the influence could involve a jail sentence of up to 90 days plus fines, mandatory alcohol education courses that includes the effects of DUI and mandatory education on the consequences of DUI on the driver's license.
Under Minnesota DUI law the penalties and punishment for first time DUI offender could include a jail term of up to one year as well as a fine of up to $3,000.
Treatment for a second time offender under Minnesota DUI law is harsher. And if the 2nd time offender has done it within ten years of the previous DUI offense, then the punishments include a jail term plus a fine of up to $3,000.
The punishment is quite harsh and higher for the third DUI offense within 10 years. The vehicle the driver was driving under intoxication is impounded immediately and a much higher jail term is sought. Under these circumstances alcohol abuse evaluation has to be obtained as a rule and the driver will have to prove that he is not an alcoholic.
Finally under Minnesota DUI laws, a fourth time DUI offense within ten years is considered a felony. This means if proven guilty a jail term of three years and a fine of $14,000 or more.
Looking at all the above facts, one must hire an efficient and competent Minnesota DUI Lawyer as soon as he can after being arrested. Until the lawyer arrives on the spot, he should handle everything with patience and politeness with the police or officer who has made the arrest to avoid aggravating the case.
Tuesday, 06 April 2010 05:31
Understanding Minnesota DUI LawWritten by Rizwan Butt
Published in Drunk Driving
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