A. The basic principle of the Implied Consent Law is found in Minnesota Statute 169A.51, subdivision 1(a), which states that:

Any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state consents subject to the provisions of sections 169A.50 to 169A.53(implied consent law), and section 169A.20(driving while impaired), to a chemical test of a person's blood, breath or urine for the purpose of determining the presence of alcohol, controlled substances or hazardous substances. The test must be administered at the direction of a peace office.

As it can be seen the law contains many words that are terms of art, such as "drive", "operate", "physical control", "motor vehicle", "within this state", "peace officer" etc. An effective Rochester MN DUI Attorney will litigate these issues on the behalf of his clients, thereby potentially weakening the government's case.

A. Be polite. You must show your driver's license and insurance card when stopped in a car. Otherwise, you don't have to answer any questions.
You do not have to consent to any search of yourself or your car. If you do consent to a search, it can affect your rights later in court.

A. Again, you are only required to provide your license and insurance card and you can decline to answer alcohol related questions. The best option is often to politely refuse to answer, by stating, "I would like to speak with an attorney before I answer any questions".

A. You are not legally required to take any FSTs. The officer directing the tests is the sole judge of your performance and is only noting the things you do incorrectly. Therefore, in most cases a polite refusal to perform FSTs is appropriate. However, if you are not legally intoxicated or impaired, then performing these tests may get you home quicker. But since not many people know what .08 alcohol concentration feels like, the field sobriety tests give the officer an opportunity observe your behavior in order to build a case for DWI.

A. Failure to submit to a breath, blood or urine test is a gross misdemeanor under the current laws of the State of Minnesota so the answer is almost always yes. However, if you feel that the results of the tests are incorrect you are entitled to a second test at your own expense.

A. Despite what popular culture reinforces, a police officer is not required to read you the Miranda rights unless you have already been arrested and the officer intends to ask you questions related to the offense of DWI and that may not happen until after you submit to the breathalyzer. Therefore it is important to know that anything thing you say and do and consent to prior to being placed under arrest (i.e. Q. Do you know why I pulled you over? A. I failed to stop at the stop sign, Q. Have you been drinking? A. Yes, a couple of beers, Q. Can you submit to FST? A. Yes, Q. Can I take a look in your glove compartment? A. I guess) can and will be used against you, even without being warned of your rights. Once the officer reads these rights to you, you should decline to answer any questions and ask to speak with a Rochester, Minnesota DUI Lawyer.

A. At the Dilaveri Law Firm we appreciate the fact that attorney's fees are not something that people plan for. However, few people consider the financial consequences of just representing themselves and taking the prosecutor's first offer and pleading guilty to a DUI.

For illustrative purposes consider the current "standard" first DUI sentence in Olmsted County (of course judges are free to deviate from it as they see fit). In exchange for plea of guilty for a first DUI with blood alcohol content between .08 and .19 and no aggravating factors (i.e. minor children in the car) you will be sentenced to:

Criminal File

• One year stay of imposition of sentence
• $485.00 fine
• One year probation - Fee for probation $200.00 - However, the Court has the option of not ordering probation and instead increasing the fine by $200.00.
• Chemical Dependency Evaluation $130.00
• Additional classes or test as required by the evaluation. Costs ????

On the administrative side:

• Your license will be revoked. $680.00 reinstatement fee
• Cost of new license ~$20.00-$25.00
• Insurance Rate Adjustment: Costs? $$$$

At Dilaveri Law Firm your initial consultation is free, so there is no risk on your part in finding out just what your rights and your options and the strength of the case against you. The fee that you will pay will be a flat fee based on the facts of your case. You will know the fee in advance, therefore no surprise large attorney bills at the end.

More Questions? Contact us at the Dilaveri Law Firm to schedule you free consultation and discuss your rights and your options.