Minnesota DWI DUI Lawyer, Minneapolis Criminal Defense Attorney

Posts Tagged ‘Gross Misdemeanor DWI’

Professional Hockey Player Faces Minnesota BWI Related Charges Even Though His Blood Alcohol Level Was Below Legal Limit

Wednesday, September 21st, 2011

It seems an interesting BWI case has developed involving a well know professional hockey player.

Criminal charges have been filed against Minnesota native Dustin Byfuglien, Winnipeg Jets defenseman, following his refusal to provide urine sample after being pulled over while aboard his boat.

Before he was asked to take the urine test, 26-year old Byfuglien willfully took and passed the preliminary Breathalyzer test with a registered alcohol content level of .03 which is below the .08 legal limit in Minnesota.

Report says that Hennepin County sheriffs pulled over Byfuglien and his three passengers on Aug. 31 at 8:15 pm because the navigational lights of Byfuglien’s boat were not on. Police conducted a routine inspection of the boat and asked the Winnipeg Jets’ defenseman if he had been drinking, to which Byfuglien admitted of consuming one drink.

After the preliminary Breath Test was administered, which Byfuglien passed, the sheriff’s department asked for his urine sample but Byfuglien refused to provide it.

Under the Minnesota state law, it’s considered a gross misdemeanor if an individual believed to be driving while impaired (or boating), refuses to submit to an evidentiary chemical test of his or her breath, blood or urine. In the case of Byfuglien, it’s “boating while intoxicated.”

As established by Minnesota criminal law, refusal to comply with a chemical test is an aggravating factor which can lead to a maximum jail time of one year and a maximum fine of $3,000.

These potential penalties imposed against Byfuglien would not be so severe if he had complied with the urine test request, even if it resulted in a reading of .08 BAC or higher.

Byfuglien was held in a local police station and was released after about three hours. He was reported to be cooperative although wondering why a secondary chemical test was insisted by the police officers despite the results of his preliminary breath test.

Even Byfuglien’s DWI attorney wasn’t sure of the reason why police arrested his client. Byfuglien mistakenly believed that not submitting to the urine test was the most sensible move to make under the circumstances so he refused to take the urine test, the attorney added.

To obtain a criminal conviction for the crime of Refusal, the state does not need to prove that the defendant was, in fact, under the influence of alcohol, but only that the officer’s had probable cause to believe he was under the influence of alcohol and the defendant, after his implied consent rights and right to counsel were vindicated, refused to submit to an evidentiary chemical test.

Boating while intoxicated must be avoided to ensure everyone’s safety. Furthermore, refusal to submit to chemical test carries potentially severe consequences which immediately need legal action by an experienced DWI and BWI attorney.

If you’re charged with DWI or BWI, Douglas T. Kans, a top Minnesota DUI lawyer, is ready to defend your rights and provide you with the comprehensive legal services that you need in order to ensure the best possible resolution of your case. You can contact Kans Law Firm anytime at (888) 972-6060 for a free case review.

Tags: boating while intoxicated, BWI, dwi urine test, Gross Misdemeanor DWI, urine sample
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Minnesota DWI Charges: A Brief Summary

Friday, January 15th, 2010

I’ve discussed the various levels or degrees of DWI charges in Minnesota on our website or previous blog postings in the past, but one of the most common questions we receive from prospective clients is to explain the different levels of DUI offenses. So, I figured a quick review would be helpful.

There are four degrees of DWI or DUI offense in Minnesota:

First Degree (Felony) DWI;
Second Degree (Gross Misdemeanor) DWI;
Third Degree (Gross Misdemeanor) DWI: and
Fourth Degree (Misdemeanor) DWI.

The degree or level of DWI offense an individual is charged with depends on the presence of what is called “aggravating factors’. The more aggravating factors that exist at the time of an individuals arrest, then the more serious the level of DWI charge.

The aggravating factors as acknowledged by Minnesota Statute include:

A qualified prior impaired driving incident within 10 years of the current DWI charge or incident;
Having a blood alcohol concentration of .20 or more at the time of driving or as measured within two hours of the time of offense;
Having a child under the age of 16 in the motor vehicle at the time of driving or the offense if the child is more than 36 months younger than the offender.

A driver will be charged with a fourth-degree DWI, if none of the above aggravating factors are present at the time of the offense. A driver will be charged with third-degree DWI, if there is at least one aggravating factor present at the time of the offense. A driver will be charged with a second-degree DWI, if there is at least two aggravating factors present at the time of the offense. With regard to felony first-degree DWI, a driver must have at least three qualified prior impaired driving incidents within ten years immediately preceding the current offense or was previously convicted of a felony DWI in Minnesota. Therefore, other than having a prior felony DWI conviction, the only aggravating factor that is relevant to enhancing a new offense to a felony level DUI is if the individual has a prior DWI conviction or a prior DUI related license revocation within the last ten years.

Lastly, it is important to note that each and every degree or level of DWI offense in Minnesota carries with it certain complexities. Such things as mandatory jail or prison sentences, license plate impoundment, mandatory high bail amounts and motor vehicle forfeitures can exist for various degrees of DWI offenses. Therefore, I strongly advise that an individual charged with any level of DUI offense seek the assistance or advice of a highly-skilled Minnesota DWI Lawyer.

Tags: Felony DUI, Felony DWI, First Degree DUI, First Degree DWI, Fourth Degree DUI, Fourth Degree DWI, Gross Misdemeanor DUI, Gross Misdemeanor DWI, Minnesota DUI, Minnesota DWI, Misdemeanor DUI, Misdemeanor DWI, Second Degree DUI, Second Degree DWI, Third Degree DUI, Third Degree DWI
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Minnesota DWI Laws: The Four Degrees

Saturday, April 11th, 2009

As an experienced Minnesota Criminal Lawyer that has represented driver’s charged with Minnesota DUI related charges for over the last 15 years, I have been asked hundreds of questions over the years relating to MN DWI Laws or MN DUI Laws by clients, prospective clients, other lawyers, and simply curious people from many other professions. With the invention of our new blog, I thought it would be useful to answer, in a several part series, the most common questions I’ve been asked about Minnesota DWI Laws.

Two of the most common questions I receive are:

1. What are the different degrees of Minnesota DWI offenses; and

2. What are the differences between the various degrees of DWI offenses.

First, in Minnesota, we have four different degrees of DWI offenses:

1. First Degree DWI (Felony)

2. Second Degree DWI (Gross Misdemeanor)

3. Third Degree DWI (Gross Misdemeanor)

4. Fourth Degree DWI (Misdemeanor)

There are many differences with regard to each of these offenses, including, but not limited to, mandatory minimum jail sentences, mandatory bail and conditions of release, and the greater potential civil consequences with certain degrees (i.e. vehicle forfeitures, license plate impoundment ). I’ll will address these other issues in the later parts to our Minnesota DWI Law series, but for now, I want to focus on how a driver can go from a Fourth Degree DWI (misdemeanor) to a First Degree DWI (felony). The key is the presence of what is defined by Minnesota DWI Law as “aggravating factors”.

These “aggravating factors” include:

1. a qualified prior impaired driving incident within the ten years immediately preceding the current offense;

2. having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time of the offense; or

3. having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.

It’s the presence of any of the above factors that would cause a Minnesota Driver to go from a Misdemeanor Fourth Degree DWI, to a more serious DWI offense. The more “aggravating factors” that are present, the more serious is the Minnesota DUI offense.

It should be noted that Refusal to submit to chemical testing of the person’s blood, breath, or urine, although not defined as an “aggravating factor”, functions in the same manner. For example, a first time Minnesota DWI, in which the driver refused chemical testing , would be charged as a Third Degree Refusal/DWI (Gross Misdemeanor). If this same driver had a prior DWI within ten years, or a child under the age of 16 in the motor vehicle at the time, he or she could be charged as a Second Degree Refusal/DWI (Gross Misdemeanor).

Lastly, unless a person has a prior Felony DWI conviction or Felony Criminal vehicular homicide and injury conviction, for a Minnesota driver to be charged with Felony First Degree DWI in Minnesota, he or she must either have three prior convictions for DWI, or three prior DWI related alcohol license revocations within the ten years of the new DWI charge.

Tags: Felony DWI, First Degree DWI, Fourth Degree DWI, Gross Misdemeanor DWI, Minnesota Criminal Lawyer, Minnesota DWI, Minnesota DWI Laws, Misdemeanor DWI, MN DUI, MN DWI, Second Degree DWI, Second Degree Refusal, Third Degree DWI, Third Degree Refusal
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