DUI Law in Duluth, MN
What Is a DUI?
DUI is an acronym for driving under the influence. It refers to the criminal offense of operating a motor vehicle while impaired by alcohol or other drugs. The threshold generally depends on a measurable blood alcohol content (BAC). The legal limit is typically 0.08% in many jurisdictions. However, this limit can vary by location.
Have you or a loved one received a criminal DUI charge in Duluth? Then you need practical knowledge, advice, and legal counsel. This article is your path to all three of these critical elements.
Possible Consequences of Duluth, Minnesota DUI Convictions
Where you live, the severity of the incident and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a Duluth law firm on your side to fight for you and your rights.
Paying Fines
If convicted of driving under the influence of alcohol or drugs in Duluth, Minnesota, you can count on fines being a part of your sentencing. The minimum for a first-time DUI offense in Duluth can be up to $1,000. For subsequent offenses, the fines can increase significantly, up to a maximum of $14,000.
However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
Jail Time
Jail time is mandatory, even for first-time offenders in Duluth. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
Probation
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
Probation in Duluth involves supervision by a probation officer for a specified period. The probationer must adhere to a set of conditions set by a judge. Standard expectations include regular check-ins, random drug and alcohol testing, and community service, among many other possibilities.
Drug and Alcohol Education Program
Following a Duluth DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
The Minnesota Department of Public Safety provides an approved list of DWI course providers. There are other options online that a judge may approve. However, this flexibility depends on your circumstances in Duluth.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in Duluth, Minnesota?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With DUI Law
Immediately following your DUI arrest, you need to contact an experienced Duluth DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your Local DUI Laws
Duluth, Minnesota has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
You or your attorney should request a hearing as soon as possible following your arrest. In Duluth, Minnesota you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.
Requesting a hearing with the Department of Public Safety must happen within 30 days of license revocation. Motorists from Duluth should consider bringing a lawyer to this event. It resembles a trial, and you will greatly benefit from legal expertise.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your appearance and arraignment in Duluth. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in Duluth, Minnesota
Should you ever find yourself charged with a DUI, you need to work with an experienced Duluth lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across Minnesota state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
