Second Degree DUI, Over .08
Nov. 22, 2022
GOOD PEOPLE MAKE MISTAKES, THE ISSUE ISN’T THAT YOU’VE MADE A MISTAKE, IT’S WHAT TO DO NOW! SCOTT’S JOB IS TO HELP AND DEFEND YOU AND TO RETURN YOUR LIFE TO NORMAL AS SOON AS POSSIBLE. Please call 763-225-2074, you will be glad you did.
To be charged with a 2nd Degree DUI or Over .08 you must:
Have a current charge of DUI or tested over .08 and have two prior DUI convictions or alcohol related driver’s license revocations within the past 10 years or;
Be charged with a second time DUI offense and either test .16 or more, refuse to test, have a child in the car, be stopped going through railroad track arms or be in an accident with alcohol involved where there is substantial bodily injury.
2nd Degree DUI’s or Refusal to Test cases are more serious than 4th Degree DUI cases since the legislature has deemed the conduct for these offenses to rise to the level of gross misdemeanor status.
A gross misdemeanor is punishable by a maximum of 1 year in jail and a $3,000.00 dollar fine, or both. 2nd Degree DUI related offenses have a mandatory minimum of 90 days in jail if convicted (30 days must be in custody while the remaining 60 days can be an alternate to in custody) and the defendant has two DUI related offenses within ten years.
Minnesota License Revocation Process
Every licensed driver in Minnesota gives implied consent for an officer to test for alcohol or drugs if the officer has a reasonable suspicion that the driver has been drinking and driving.
Two things occur at the time of a client’s arrest. First, Client is charged with a criminal offense. Second, Client is presented with a civil Notice of Revocation form that indicates they have a 7-day temporary license to drive before their revocation begins. These are two separate issues. To win a DUI case the Client must get the criminal case reduced or dismissed and prevail at the license revocation hearing.
A Client has 60 days from the date of the Notice of Revocation to challenge any issues with regards to the license revocation. This is an absolute deadline.
Driving privileges are revoked for varying times. Factors that determine the length of time are alcohol test score, prior driver’s license revocation based on alcohol, refusal to test, etc. For example, if Client had one prior offense within the past ten years and tested over .08 for alcohol, but below .16, the Client would not be eligible for driving until interlock was installed in the vehicle. In this scenario a limited license (work or school permit) would not be allowed. The Client could only drive once interlock was installed in the vehicle.
Interlock Required on 2nd Degree DUI Offenses
If a Client has been charged with a 2nd Degree DUI and tested over .16 on their second offense or they have three DUI offenses within ten years then the Client must enroll in the interlock program to drive during the revocation period, refrain from driving, or challenge the revocation of their license.
Interlock is a program where a device is installed in a vehicle to test whether a person has consumed any alcohol. It is a zero tolerance test. A vehicle will not start unless the person on interlock tests 000’s. While it is an inconvenience to be on interlock and there are costs that are incurred, it does grant the person the ability to drive his/her vehicle and drive to work, school, children’s activities, church, treatment. etc.
To get interlock installed you must follow the Department of Public Safety rules for reinstating a driver’s license. Each driver reinstating their license in this circumstance must pay a reinstatement fee, pass a DUI knowledge test, apply for a new driver’s license, provide an SR 22 insurance form to the state, get interlock installed and meet with an evaluator and sign a interlock compliance agreement.
In 2nd Degree DUI cases the Client can only drive once interlock is installed in their vehicle. There is no right to have a limited license and not have interlock as in the past. The bottom line is each case must be independently analyzed because they are all unique.
Barring a defense, it is important to get your Client’s life back to normal as quickly as possible. Clients need to be able to get to and from work, school, children’s activities and education or treatment to start managing their lives and to be proactive in assessing any issues they may have with alcohol, drugs, or other addictions.
One benefit of interlock: it shows that a client has not been drinking and driving. This is impactful to judges and prosecutors who are rightfully concerned with public safety.
Additionally, the Client may also have their license plates impounded and be subjected to restricted plates for every vehicle that they have title on. These plates are commonly referred to as whiskey plates.
Alcohol concentration levels are determined by three factors: Weight, amount consumed and time. If you weigh 100 pounds and drink the same amount and type of alcohol as a 200-pound person your level will be much higher.
For example, a 180-pound man that consumes 6 ounces of alcohol will test approximately .12. A 140-pound man would test approximately .16 (A Gross Misdemeanor) with the same amount of alcohol consumed and the same time consuming or refraining from drinking. Note how weight alone can impact the test, but women vs. men test differently and time between drinking and not drinking is another key factor.
Vehicle Forfeiture (Seizure)
In 2nd Degree DUI cases the state may seize or forfeit the Client’s vehicle at the time of the arrest. This is another civil consequence that the legislature enacted in repeat DUI offenses. At the time of arrest Client is given a Notice to Seize or Forfeit the vehicle. From the time of the notice given Client has 60 days to challenge the forfeiture.
Every forfeiture must be looked at independently. Issues to address are ownership or joint ownership, the underlying criminal case, whether the vehicle has a lien or is encumbered, whether the state has met the elements of forfeiture, etc.
It is critical to have representation early when charged with a 2nd Degree DUI since there are time deadlines that may be waived by failing to make timely challenges or inactivity.
Critical to Analyze the Case
It is critical to analyze both the Implied Consent issues and the criminal issues before determining a strategy. To win a DUI case you must attack both and prevail.
It is critical to know all of the details about the reason(s) a Client was stopped or approached by police, what procedures the officer(s) used during the stop and subsequent arrest, the type of testing was administered (blood, breath, urine), why a test was refused, what is contained in Client’s prior criminal/traffic history, whether the officer read the Implied Consent Advisory when arrested, were you allowed to contact an attorney, whether the Miranda warning was given, whether a warrant was involved, and many other variables.
A thorough examination of the police report must be done to complete the analysis. It is important to have both views of the case prior to developing a strategy with regards to your case.
Don’t Go It Alone.
Being charged with a crime is stressful and having an experienced lawyer to provide legal representation throughout the criminal case is critical. The criminal process can be a confusing maze of court appearances, jail consequences, fines, and forms that could have a devastating effect on your personal liberty and privileges.
When you are accused of a crime, finding a lawyer can be a daunting experience. Many people in this position regrettably try to represent themselves. This is a poor decision since most people are inexperienced in the law and the process and they are too close to the situation to think clearly since they are charged with the crime.
Scott L. Anderson understands how to work within the justice system and use its rules and procedures for his Clients’ best advantage.
Scott understands how relationships dictate the ability to reach timely and successful resolutions. Through his years of 33 years of experience Mr. Anderson has developed many valuable relationships with judges, attorneys, clients, and insurance companies. Let his experience and knowledge work for you.
At Anderson Law Office, every legal matter is handled carefully, confidentially, and completely with a commitment to resolving your legal problems. Brooklyn Park attorney, Scott Anderson, provides frank and complete evaluations of every issue. He knows how to obtain the best outcome on your behalf. He takes the time to explain options and likely consequences so you can make the best decisions, and he makes certain to keep you updated as to the status of your case.
Scott L. Anderson is accessible and offers competitive and affordable rates with DUI and criminal defense cases.
Scott L. Anderson Has Successfully Defended Over 2500 DUI Cases and 1000’s of Criminal Cases.
Since 1986 Scott Anderson has cultivated many relationships within the legal community. Regardless of the county, he is familiar with the prosecutors and judges. He has developed a positive rapport that benefits his clients. Scott has extensive experience successfully defending the rights of people arrested and accused of all types of criminal offenses. He prides himself on being accessible and compassionate with his clients while providing excellent representation.
Scott Is Known for Going the Extra Mile to Get the Right and Just Resolution.
Scott is always looking for defenses when analyzing the case. Defenses are researched in detail prior to moving forward with the criminal case and the license revocation case. If defenses don’t exist, it is Scott’s job to get the best possible result and get your license returned as quickly as possible at a reasonable and affordable cost.
Each case is unique, like a snowflake. Each case must be thoroughly examined and analyzed to get the best possible result, whether that be dismissal, reduction of the charges, or mitigating the sentence.
Anderson Law Office offers its clients the best of both worlds: strong, aggressive representation along with the personalized attention, responsiveness, and concern that your case deserves. Scott L. Anderson strives to provide the highest quality legal representation while recognizing the need for a practical approach to litigation.
Anderson Law Office is a law firm that is honest, caring, prompt, capable, prepared, and qualified to represent you in your legal challenges.
GOOD PEOPLE MAKE MISTAKES – THE ISSUE ISN’T THAT YOU’VE MADE A MISTAKE, IT’S WHAT TO DO NOW – SCOTT’S JOB IS TO REPAIR THE ISSUE AND RETURN YOUR LIFE TO NORMAL.
Please call 763-225-2074 for a FREE PHONE CONSULTATION, you will be glad you did.
Goes Above and Beyond
5.0 stars on AVVO.com
Posted by Dylan
January 29, 2020
Scott Anderson was recommended to me by both my sister and cousin. He was nothing short of amazing. His demeanor and positive attitude made me feel at ease as he helped me through a very difficult time in my life. His home office is warm and welcoming and his advice is always solid and non-judgmental. I felt confident entering the courtroom with him on my team and he was with me every step of the way. From answering my phone calls from jail to giving me pep talks days before court, he really goes above and beyond. He has seen and heard it all and knows exactly how to handle any situation. He will help you get the results that you need to move forward with your life. I couldn't recommend him enough.
5.0 stars on AVVO.com
Posted by Krystian
October 23, 2019
Mr. Anderson was wonderful, he got me less jail time than what I was expecting, a lot less probation and my fines and court fees were significantly smaller than what they should have been. He even had one of the charges dismissed. He represented me for a lot less money than several other lawyers I spoke with. All in all, I was 100 % satisfied with the outcome and my experience with Mr. Anderson. I would definitely recommend him to anyone facing a DWI charge.
Amazing Attorney – Five Star Review
Five Star Review on AVVO.com
Posted by Heather on AVVO.com
February 25, 2016
When I received my DWI, I was beyond devastated. I had never been in any sort of legal trouble before and was clueless on what to do, thankfully after my arrest a friend referred to me Scott who from start to finish was like a guardian angel to me. He answered all my questions quickly and thoroughly and was so compassionate. He knew I wanted to get my life back in order as soon as possible and with his guidance and support everything was taken care of in basically a month after my incident. If you're in need of an attorney when the unthinkable happens look no further than Scott. He is truly an amazing attorney and person and I cant thank him enough for what he did for me.
Honest, Personable, Hardworking. 4th Degree DWI to Careless Driving!
Five Star Review on AVVO.com
Posted by anonymous
November 6, 2019
When my arrest for a 4th degree DWI initially happened, I was lost, confused, and obviously stressed about the entire process of what was going to be happening the next few months. I spoke to about ten lawyers and the one I kept thinking about was Scott. He listened to me and comforted me during our first phone conversation. He wasn't pushy or rude and was receptive to all of my (many) questions, concerns, and text messages/phone calls! His ability to communicate and clearly layout all of my options in combination with listening to me was what made him my choice in representing me throughout this process. He was a straight shooter, offering me an unbiased outlook on all of the options, which was different than many of the other lawyers I had spoken with. He called me weekly with updates and to let me know where we were at with everything. His timely responses were what I needed to know that he truly cared not only about getting me the best outcome, but me as a person. Ultimately, he got me the BEST possible outcome and my 4th degree DWI was dropped down to a careless driving, a pretty minimal fine, and no jail time. He really gives each case his ALL. Scott is the BEST and I knew after talking to him I wouldn't want anyone else to represent me.