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DUI and DWI Lawyer in Minneapolis

DUI and DWI Lawyer in Minneapolis, MN

Being charged with a DWI can feel overwhelming and frightening. We understand the stress and uncertainty you may be experiencing, and the impact these charges can have on your life, family, and career. The truth is, while we cannot guarantee an outcome, many of our clients in your situation have gotten through their criminal charge with the best possible results.

Driving while impaired (DWI) carries serious penalties under Minnesota law, even for first-time offenders. A driver can be arrested with a blood alcohol concentration (BAC) of 0.08 or higher, though arrests may occur at lower levels if other signs of impairment are present. A single charge can have significant and lasting impacts on your personal and professional life.

Consequences of a DWI conviction may include license revocation or cancellation, fines, mandatory ignition interlock devices, mandatory minimum jail sentences, travel restrictions, loss of global entry, and many other collateral consequences. Given these substantial risks, securing early, experienced legal counsel is critical.

Brandt Kettwick Defense is a high-end criminal defense firm with over 80 years of combined experience handling DWI cases. Our attorneys are straightforward and compassionate, building strong, trusting relationships with clients. We are honest advocates who focus on protecting your rights and pursuing the best possible outcome. While no attorney can guarantee results, we have successfully secured favorable resolutions for many clients facing DWI charges.

If you or a loved one faces a DWI charge in Minnesota, contact Brandt Kettwick Defense. We offer confidential consultations to discuss your case and guide you through this challenging time with professionalism and care.

Understanding DUI and DWI in Minnesota

Although many people refer to “DUI,” which stands for Driving Under the Influence, Minnesota law uses “DWI” (Driving While Impaired) as the formal charge. The term DUI is not a separate offense in Minnesota but is often used informally to describe any kind of impaired driving, including driving under the influence of alcohol, drugs, or other substances.

Under Minnesota law, DWI includes several types of conduct. You can be charged with DWI for operating, driving, or being in physical control of a motor vehicle while under the influence of alcohol, controlled substances, or other intoxicants. The statute also applies if your BAC (blood alcohol concentration) is 0.08 or more within two hours of driving, or if you refuse chemical testing under Minnesota’s implied consent law. There are also per se drug limits that prohibit driving with any amount of Schedule I or II substances.

A DWI arrest in Minnesota can lead to criminal charges and administrative consequences, such as license suspension, vehicle forfeiture, and mandatory installation of an ignition interlock, and license plate impoundment.

DWI Degrees

Minnesota law classifies DWI (Driving While Impaired) offenses into four degrees, as outlined in Minnesota Statutes § 169A, the state’s impaired driving code. These charges range from misdemeanor to felony levels, depending on factors such as prior offenses, chemical test results, refusal to test, and the presence of aggravating circumstances.

  • Fourth-Degree DWI (Misdemeanor, Minn. Stat. § 169A.27):
    This is the least severe DWI charge. It generally applies to first-time offenses without aggravating factors.
  • Third-Degree DWI (Gross Misdemeanor, Minn. Stat. § 169A.26):
    A DWI may be charged as third-degree if a first-time offense involves one aggravating factor, such as a refusal to submit to testing or other statutory elements.
  • Second-Degree DWI (Gross Misdemeanor, Minn. Stat. § 169A.25):
    This charge typically applies when there is a combination of aggravating factors or prior impaired driving incidents within a specified time frame.
  • First-Degree DWI (Felony, Minn. Stat. § 169A.24):
     First-degree DWI is the most serious level and may apply if a person has multiple prior DWI convictions,a prior felony-level impaired driving offense, or other statutory elements.

Aggravating factors and penalty enhancements are defined in Minn. Stat. § 169A.03 and may include prior offenses, elevated blood alcohol concentration, test refusal, or DWI with a minor in the vehicle.

Every DWI charge demands careful attention, and when prior convictions or aggravating circumstances are present, securing experienced legal representation early is essential to safeguarding your rights and minimizing lasting consequences.

Criminal and Administrative Penalties for a DWI Conviction

A DWI arrest in Minnesota triggers both administrative and criminal consequences. Under the state’s implied consent law, the Department of Public Safety will begin administrative sanctions as soon as it receives a test failure or refusal report.

Administrative penalties include:

  • License revocation: Revocation takes effect typically within a week of a chemical test, often before the first court date. The duration depends on the number of prior offenses and the alcohol concentration.
  • Limited license or ignition interlock: Some drivers may regain limited driving privileges for a work permit or others can get their license back by enrolling in the ignition interlock program.
  • Vehicle forfeiture: The state may seize a vehicle used in repeat offenses under some circumstances
  • License plate impoundment: Repeat offenders or those with high BACs may face impoundment of regular plates and issuance of “whiskey plates.”
  • Implied consent hearing: You have a limited time to request a hearing, often 60 days. This civil process is separate from the criminal case and can significantly affect your driving privileges. Significantly, it is waived if not filed within the allowed time period.

Criminal penalties vary by offense level and circumstances. They may include:

  • Fines: Fines can vary significantly, and sometimes there are mandatory minimum fines.
  • Jail or prison time: Sentences range from up to a few months to a few years.
  • Mandatory minimum sentences: Mandatory minimums apply in certain cases, especially for repeat offenses.
  • Probation and conditions of release: Courts often impose community service, mandatory chemical dependency assessments, and compliance with monitoring tools like SCRAM bracelets.
  • Long-term consequences: A DWI conviction creates a criminal record, which may affect your employment, housing, travel restrictions, and professional licensing. Non-citizens may also face immigration consequences.

Administrative and criminal DWI penalties can stack quickly. Call Brandt Kettwick Defense to learn how we can help.

Common DWI Defense Strategies

Effective DWI defense depends on the specific circumstances involved in each case. One of the first areas our attorneys review is the initial traffic stop. Law enforcement must have a reasonable, articulable suspicion to justify pulling a driver over. If the stop was unlawful, any evidence gathered afterward may be inadmissible.

Chemical testing reliability is another critical issue. Whether the test involved breath, blood, or urine, the state must follow strict procedures to get accurate results. Delays in testing beyond the statutory two-hour window or mishandling samples can lead to suppressed evidence. Similarly, officers must properly advise drivers of their rights under Minnesota’s implied consent law. Failure to provide accurate warnings can invalidate a license revocation or impact the criminal case.

Medical conditions may also provide viable defenses. Issues like diabetes, acid reflux (GERD), or prescription drug interactions can produce symptoms or test results that mimic intoxication.

In certain situations, the attorneys at Brandt Kettwick Defense may be able to negotiate with prosecutors to reduce DWI charges to lesser offenses such as careless driving. Because every case is unique, we develop a personalized defense strategy.

First-Time Offenders and Diversion Options

For some individuals facing DWI charges, there may be opportunities to pursue alternatives focused on rehabilitation rather than strict punishment. We understand how overwhelming these charges can be, especially for those without prior convictions.

These options provide a chance to avoid a prison sentence by completing specific court-ordered requirements, such as treatment, chemical dependency evaluations, abstaining from alcohol or drugs, and ongoing monitoring.

At Brandt Kettwick Defense, we take the time to carefully review your situation, assess your eligibility for these alternatives, and advocate passionately on your behalf. Our goal is to support you through this difficult time and help you find the best possible resolution.

Choose Minnesota DWI Attorneys With Trial Experience

With over 80 years of combined criminal defense experience, the attorneys at Brandt Kettwick Defense are trial-tested and prepared to vigorously defend your rights. Whether you face a first-time DWI or a serious felony charge, our team has the expertise to challenge unlawful stops, suppress improper evidence, and pursue every available option—including taking your case to trial.

We represent clients throughout Minnesota, including professionals concerned about their licenses, high-profile individuals seeking discretion, those facing federal charges, and families protecting juveniles from the lifelong consequences of a conviction. Whatever your situation, we provide honest, strategic guidance tailored to your needs.

Contact Brandt Kettwick Defense today to protect your future with experienced, compassionate advocacy.