First Degree DUI

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To be charged with a 1st Degree DUI you must:

1. Have a current charge of DUI or tested over .08 and had three prior DUI convictions or alcohol related driver’s license revocations within the past 10 years or

2. Be charged with a criminal vehicular operation resulting in death or

3. Be previously convicted of a felony DUI and have a current DUI

More: What to do when charged with a DUI?


1st Degree DUI’s or 1st Degree Refusal to Test cases are very serious offenses because the legislature has deemed the conduct for these offenses rises to the level of felony status. In addition to jail and fines your vehicle may be forfeited, your license plates impounded and your license may be cancelled inimical to public safety.

A felony DUI conviction can be subjected to punishment of seven years in prison and a $14,000.00 fine, or both. There are also conditions pertaining to probation and an alcohol evaluation will be required.

Alcohol concentration levels are determined by three factors: Weight, amount consumed and time. Obviously, if you are 100 pounds and drink the same amount and type of alcohol as a 200 pound person your level will be much higher. A 100 pound woman with 5 ounces of alcohol will test approximately .23 while a 200 pound woman would test approximately .11 with the same amount of alcohol.

At the same time that you are charged with a criminal offense you are also given notice that your license is soon to be revoked and you have a 7 day temporary license before the revocation begins. This part of the process is commonly referred to as the Implied Consent. You have 30 days from the date of the stop to challenge any issues with regards to your license being revoked. This is an absolute deadline.


Once your license is revoked you will be without driving privileges for a varying amount of days based on what you were charged with and how many prior DUI offenses you have on your driving record. Each case is different and unique.

It is critical to analyze both the Implied Consent issues and the criminal issues. To win a DUI case you have to attack both and prevail.

Whenever a case is analyzed it is imperative to know every detail about the reason you were stopped or approached by police, what procedures the officer(s) used during the stop and subsequent arrest, the type of test you submitted to or if you refused, what is contained in your prior criminal/traffic history, what the officer read you when you were arrested, were you allowed to contact an attorney, and many other variables.


I also need to examine the police report in detail after I have met with you to complete the analysis. It is important to have both views of the case prior to developing a strategy with regards to your case.

I am always looking for defenses when I am analyzing the case. If there are defenses then we explore those in detail prior to moving forward with the criminal case and your license revocation case. If there are not defenses then it is my job to get the best possible result for you and get your license returned to you as quickly as possible at the most reasonable and affordable cost.

It is imperative to begin analyzing your case immediately since there are time deadlines that must be met or the issue(s) are forever waived and lost. Anderson Law Office provides a FREE PHONE CONSULTATION.


Please contact Scott L. Anderson NOW at 763-422-8664, e-mail him at or fill out the form on the right for a confidential consultation.


“He helped me through a stressful time with his knowledge and professionalism”


Scott is very professional and made me feel comfortable when I needed someone with experience. He helped me through a stressful time with his knowledge and professionalism.




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