2nd Degree DUI Attorney Serving
the Twin Cities & Surrounding Areas
To be charged with a Second (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 DUIs 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 an 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 an 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.
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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 have to 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 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 Anderson Is Accessible, Offers Competitive and Affordable Rates with DUI & 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.
Thank You for Considering Scott Anderson Law
for Your DUI Case
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.