Southwest Minnesota DWI Defense Attorney
An Unexpected Stop Doesn’t Have to Redefine your Future.
A DWI charge can make you feel exposed, anxious, and overwhelmed by a legal system built for lawyers. You don’t need more fear or uncertainty. You need clear answers, calm strategic direction, and a lawyer who sees the human being behind the charge.
Finding clarity amidst the noise.
When you are pulled over and cited for Driving While Intoxicated (DWI), the police and prosecution want you to feel like the outcome is already written. They rely on the intimidation of field sobriety tests, breathalyzers, and license revocation notices to push you into quick decisions made out of fear.
The truth is far more nuanced.
A DWI citation is not a conviction.
A DWI citation is merely an allegation built on subjective observations and sensitive technical equipment that frequently fails.
My goal is to step into that noise with you, restore your sense of control, help you understand what comes next, and ensure every detail of the stop, testing procedure, and arrest is thoroughly analyzed.
What is considered a DWI in Minnesota?
Understanding a DWI
Under Minnesota law, you can be charged with DWI in a number of circumstances. A person may be charged with DWI if your blood alcohol concentration (BAC) is 0.08 or higher while operating or in physical control of a motor vehicle within two hours of driving, you are under the influence of alcohol, drugs, or a combination. Or if you are impaired even without a measurable BAC over 0.08. Importantly, impairment does not require a specific blood alcohol concentration. Officers often rely on observations, driving conduct, and field sobriety tests, which can be subjective and challenged in court.
The Science & The Law: Where a DWI Case Can Be Challenged
Challenging The Traffic Stop
Was there reasonable suspicion?
Was the stop pretextual or unlawful?
Was the stop illegally expanded?
Challenging Field Sobriety Tests
Improper instructions from the officer
Non-standard conditions (weather, terrain, lighting)
Medical conditions or anxiety affecting performance
Challenging Chemical Tests
Machine calibration issues
Uncertainty of measurement
Improper administration
Contaminated or mishandled samples
How a DWI Defense Works
What Working Together Looks Like
The Initial Intake Conversation
When you reach out, you will speak directly with me. When possible I review the publicly available information about your case so conversation can focus on what matters most to you. I often begin by asking: "What is the most important question on your mind right now?" Your concerns help guide where we start.
Clear, Predictable Flat Fees
Anxiety thrives in the unknown. I work on a transparent flat-fee basis for the defense phase. You will know exactly what my legal fees are upfront. The defense phase covers my time doing investigation, negotiation, preparation, legal research, motion hearings, evidence review, my drive time, and taking the time speak and understand your concerns and answer your questions. If the case proceeds to trial, there is a separate, transparent trial fee. No surprise hourly bills.
Comprehensive Scientific Audit
Once retained, I request the underlying chemical-testing information and raw data, breath testing records when applicable, squad and body-camera video, officer notes and police reports, and other evidence that may matter. I review the case closely for scientific, procedural, constitutional, and factual issues that could affect your case.
Further Information on DWI
Frequently Asked Questions
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Minnesota uses a tiered system based on prior offenses, aggravating factors, and enhanceability.
Fourth-Degree DWI | Misdemeanor
Generally a DWI with no aggravating factors. A misdemeanor DWI carries a maximum penalty of up to 90 days in jail and a $1,000 fine plus mandatory fees and surcharges.
Third-Degree DWI | Gross Misdemeanor
Generally, a DWI involving one aggravating factor, (prior offense within 10 years, BAC of .16 or more, or having a qualifying child under the age of 16 in the vehicle) or a test refusal offense without an additional aggravating factor. A third degree gross misdemeanor DWI carries a maximum penalty of up to 364 days in jail and a $3,000 fine plus mandatory fees and surcharges.
Second-Degree DWI | Gross Misdemeanor
Generally, a DWI involving two aggravating factor, (prior offense within 10 years, BAC of .16 or more, or having a qualifying child under the age of 16 in the vehicle) or a test refusal offense involving one aggravating factor. A second degree gross misdemeanor DWI carries a maximum penalty of up to 364 days in jail and a $3,000 fine plus mandatory fees and surcharges.
First-Degree DWI Felony
Generally, a fourth or greater number of DWI-related incidents or qualified prior impaired driving incidents (including license revocations even if no conviction occurred) within the statutory 10-year look-back period, or a prior felony DWI conviction. First degree DWI carries a maximum sentence of up to 7 years in prison and a fine of $14,000 plus mandatory fees and surcharges.
Collateral Consequences
License consequences, ignition interlock requirements, immigration consequences, mandatory penalties (including statutorily required jail time), and other consequences depend on the individual circumstances and are in addition to the maximum sentences listed above.
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Minnesota law looks at certain aggravating factors when determining the degree of a DWI charge. These include a prior impaired driving incident within the previous 10 years, an alcohol concentration of .16 or more, and having a qualifying child under the age of 16 in the vehicle. Prior impaired driving incidents can include certain prior convictions and certain impaired driving related license losses.
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Minnesota uses a 10-year look-back period. For most DWI enhancement purposes, Minnesota looks at qualified prior impaired-driving incidents occurring within the ten years immediately before the current offense. A conviction and license revocation arising from the same incident are not counted twice. Certain prior felony impaired-driving convictions can have consequences beyond that ordinary ten-year framework
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Ignition interlock is a device that requires a breath sample before a vehicle can start, often required after certain DWI convictions. An ignition interlock device measures alcohol in a driver’s breath and prevents the vehicle from starting when the device detects a breath alcohol concentration of a certain level. Minnesota’s ignition interlock program can allow eligible drivers to regain limited driving privileges after certain DWI-related license revocations or cancellations. Whether interlock applies, and for how long, depends on the circumstances of the case and the driver’s history.
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Yes. Minnesota allows charges based on being in physical control of a vehicle while impaired. Minnesota’s DWI law applies not only to driving, but also to operating or being in “physical control” of a motor vehicle while impaired. Whether someone was in physical control depends on the facts and circumstances, which means a person may face a DWI even if the vehicle was not actually moving.
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No. A person under the age of 21 is not allowed to have any amount of alcohol in their system while driving.Minnesota has a separate underage drinking-and-driving law for drivers under 21. A person under 21 may be charged for operating or being in physical control of a vehicle after consuming alcohol while physical evidence of that consumption remains in the body. This is separate from a DWI charge, although conduct that also meets Minnesota’s DWI law can be prosecuted under the DWI statute.
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Deadlines matter. In many Minnesota DWI cases, a petition challenging the driver’s-license revocation must be filed within 60 days after receipt of the notice and order of revocation. Because the license case is separate from the criminal case, it is important to address both early.
Get in touch with a DWI Defense Attorney in Minnesota
You don't have to carry this weight alone.
Let’s sit down, review what happened, and find a calm path forward together.