Bauer Law OfficeFindLaw IM Template2024-01-31T01:13:37Zhttps://www.dwicriminalattorneymn.com/feed/atom/WordPress/wp-content/uploads/sites/1101648/2019/05/cropped-site-identity-32x32.jpgOn Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=498372024-01-31T01:13:37Z2024-01-31T01:13:37ZOnly alcohol consumption leads to DWI
Police take DWI infractions seriously, especially since 13,384 people in 2021 died in car accidents that involved alcohol, but alcohol is not the only danger. DWI offenses are not exclusive to alcohol consumption. Driving under the influence also encompasses the use of any substance that impairs one's ability to operate a vehicle safely.
You can only receive DWI charges if bac is over the limit
Another prevalent misconception is that a blood alcohol concentration below the legal limit means immunity from DWI charges. In reality, impairment can occur at any level, and law enforcement officers can make an arrest based on observed erratic driving behavior and other signs of impairment, even if the driver’s BAC is below the legal limit.
Refusing a breath test guarantees avoidance of charges
Some individuals believe that refusing a breath test can protect them from DWI charges. However, refusing a breath test can result in automatic penalties, such as license suspension. Additionally, refusal may not prevent an arrest if there is other evidence of impairment, such as erratic driving or failed field sobriety tests.
Only young or reckless drivers get DWI charges
The notion that only young or reckless drivers face DWI charges is misleading. People of all ages and backgrounds can find themselves charged with a DWI if they choose to operate a vehicle under the influence.
A DWI conviction can have serious repercussions, including fines, license suspension and increased insurance premiums. Moreover, it can impact employment opportunities and personal relationships.]]>On Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=498352023-11-03T18:01:26Z2023-11-03T18:01:26ZOpen communication
Create a safe and open space for your child to express their feelings, concerns and thoughts about the DWI incident. Avoid passing judgment or making them feel guilty. Instead, actively listen and offer your support.
Encourage responsibility
A DWI incident is a wake-up call for your child. Use this opportunity to encourage responsibility and accountability. Help them understand the gravity of their actions and the potential risks involved. Discuss the importance of making better choices in the future and how it can positively impact their life.
Seek professional guidance
Consider involving a counselor or therapist to provide your child with emotional support and guidance. Professional help can aid in addressing any underlying issues that may have contributed to the DWI incident. These experts can also assist in developing coping strategies and decision-making skills.
Support a healthy lifestyle
Encourage your child to maintain a healthy and balanced lifestyle. This includes eating well, exercising regularly and getting enough sleep. These habits can help them cope with stress and make better decisions in the future.
Promote positive friendships
Encourage your child to surround themselves with positive influences and friends who support their efforts to move forward. Building a strong support system can help them make healthier choices and stay on the right path.
Statistics show that drinking and driving kills more than 10,000 people each year, and the action remains just as deadly whether the person behind the wheel is an adult of legal drinking age or a minor. For those under the age of 21 who are facing the reality of what a DWI charge really means, the support of a parent can make all the difference.]]>On Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=498342023-07-28T22:38:43Z2023-07-28T22:38:43ZDrunk driving defined
According to state laws, DWI involves consuming alcohol and operating a motor vehicle. That means you could be behind the wheel of a car, bike, motorcycle, golf cart, boat, jet ski or even a lawnmower. Thousands of people die annually in the US in drunk driving accidents. Millions of people face DWI charges every year in the US. Therefore, this is a serious public and traffic safety issue.
Drunk driving consequences
Whether you kill someone or not when you drive drunk, you have to live with the consequences. If you kill someone in a wreck, you will have to live with the emotional burden of having done that. On top of that, you seriously endanger yourself when you drive drunk. A crash can cause paralysis, disfigurement, brain damage or even death.
Drunk driving dangers
Alcohol has a similar effect as a sedative, meaning that it will impact your decision-making skills and coordination. In other words, when you drive drunk, you cannot make the quick maneuvers that help you avoid crashes. That makes you a hazard to yourself and others and increases the chance that you will crash and kill someone.
Drinking and driving is dangerous and repeated offenses can have strict consequences. When you get pulled over for a second DWI, you could face jail time.]]>On Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=498322023-04-27T18:23:57Z2023-04-27T18:23:57Zbreathalyzer test. The device estimates blood alcohol content (BAC). If it is above 0.08 percent – or 0.04 percent if you are a commercial driver – or you refuse to undergo the process, the chances are that you will head to jail instead of home.
The chemical process
Consuming alcohol absorbs into the stomach lining, goes into the bloodstream, and passes through the lungs, where it vaporizes. Breathalyzer testing determines the percentage of alcohol in a suspect to determine the level of intoxication from alcohol use.
Based on the BAC level, those drinking alcohol may experience everything from a “buzz” where they lose inhibitions while gaining significantly higher levels of alertness of aggression and depression. Beyond that, they could run the risk of falling into a coma or dying.
Breathalyzer testing
Generally, two types of breath analyzer tests exist, including preliminary alcohol screening (PAS) and evidential breath tests (EBTs). PAS is the handheld device used by law enforcement to identify BAC levels. Admittedly, the machines often lack accuracy. EBTs are the larger machines housed in police stations or jails used to confirm the initial results regarding the level of intoxication.
The accuracy of breathalyzers remains a continuing issue. Countless factors play a role in a breathalyzer test. Temperature, health status, and sheer human error can impact accurate findings. Even the volume of air exhaled can affect the conclusions. Help from an experienced DUI attorney can help get to the facts and pursue the best possible outcome.]]>On Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=494432023-01-31T04:04:01Z2023-02-01T04:02:45ZWhat is a field sobriety test?
If the police pull you over with reasonable suspicion that you chose to drive while intoxicated, they will likely ask you to submit to a field sobriety test. The types of tests include:
The Horizontal Gaze Nystagmus tests your eyes for an involuntary jerking movement common with intoxication. They typically have you follow an object with your eyes.
The One Leg Stand test requires you to hold one foot six inches from the ground and balance for at least 30 seconds.
The Walk and Turn test requires you to walk in a straight line with one foot in front of the other, turn and come back in the same manner.
The problem with these tests is that anyone could fail them completely sober for several reasons. For example, someone with a higher center of gravity or excessive weight may struggle to balance on one leg.
What happens if you refuse to participate?
You are within your rights to refuse field sobriety testing, but the officer will likely still ask you to take a chemical test, such as a breath test. You can refuse both. They will most likely still arrest you and require you to take a chemical test at the station, but refusing can often make arguing your case less complex.
Being arrested for a DWI does not amount to a conviction. You still have your day in court.]]>On Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=494412022-10-29T20:14:25Z2022-10-29T20:14:25ZClients may lose faith in your business
Minnesota criminal history records are publically accessible, and easily searchable using resources provided by the Bureau of Criminal Apprehension. Prudent clients will research their options thoroughly before investing their time and money, meaning they are likely to find records of your DWI arrest. This can paint a potential customer's view of you as being reckless or unprofessional, and they may decide to instead put their faith in one of your competitors with a more blemish-free background.
You may lose your professional license
The licensing board that issues your professional license may decide to take disciplinary action against you after incurring a criminal charge. In the case of a felony DWI, it can be especially likely that the board will choose to suspend or revoke your license entirely. Though you may have a chance to plead your case at a board hearing, the process and its aftermath can bring your practice to a halt.
DWI charges can have various effects on your professional practice depending on the severity of the crime. A worst-case scenario entails the indefinite revocation of your license, so it is important to build the best defense you can to present in court.]]>On Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=494392022-08-02T15:36:13Z2022-08-02T15:36:13ZBreath test
The blood-alcohol concentration limit for a DUI in Minnesota is 0.8 (though you may find yourself arrested even if it is under this). A breath test analyzes your BAC based on your breath. However, it may read that you are over the limit even when you are not if you recently ate foods like fruit or protein bars or drank an energy drink. Extreme stomach acidity and conditions like acid reflux may also result in an inaccurate reading. Even the lingering effect of mouthwash, mints or cough medicine may cause one.
If you drank right before the police pulled you over, this may also cause the test to read your BAC as higher than it is; there needs to be a fifteen-minute interval between your last drink and the test for accuracy. The test itself does not have perfect accuracy, and police officers may perform improper calibration.
Field test
The field sobriety test actually consists of three tests that check your coordination. The problem is that it is subjective. The police officer has to use his or her judgment. You may also fail for other reasons, such as illness, exhaustion or nerves, which may all cause trembling or less-than-perfect coordination.
The tests used for DUI are not infallible. If you find yourself charged because of a false positive, you may still end up arrested, but you have a potential defense in court that may result in the tossing out of the case.]]>On Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=494322022-05-18T14:25:33Z2022-05-17T01:40:56Zarrested for DWI may happen unexpectedly, you may assume you know what the ensuing process looks like. However, there are many myths that surround what getting a DWI is like.
1. DWIs only happen with a BAC of 0.08 or above
According to the Minnesota Office of Traffic Safety, the legal blood alcohol concentration limit in the state of Minnesota is 0.08. However, you can still face charges for drinking and driving even if you drive with a BAC level below this threshold.
2. Driving carefully can help you avoid arrest
After you have a few drinks, you may think you can avoid arrest by simply driving carefully. However, even one drink can impair your ability to operate a vehicle safely, increasing your chances of a DWI arrest.
3. A first-time DWI comes with minimum consequences
No matter how many DWIs are on your record, you still face serious consequences. For example, a first-time DWI arrest can result in the loss of your license for anywhere from 30 days up to a year, hefty fines, and time in jail.
A DWI conviction can impact your current career, future employment and educational opportunities, your reputation and your finances. Following an arrest, creating a strong defense that protects your rights is absolutely vital.]]>On Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=494342022-05-17T20:23:11Z2022-05-14T20:22:43Zimpaired driving extremely seriously. Drinking while intoxicated will affect your public record, thereby creating the possibility to affect your education or future employment as well.
Your college career
Driving while intoxicated is a criminal offense from which an accredited university would prefer to distance itself. If your DWI charge does not result in an accident that injures another individual, however, your school is likely to place you under probation or suspension for a first offense. Subsequent offenses may be grounds for expulsion at the university's discretion.
Your professional career
Because DWI charges appear on your public record, they will come up during an employer's background check. Having a reputation of prior guilt of driving while intoxicated might sway a company's opinion of you. This holds especially true if you are pursuing a career in teaching, nursing or any other field where you might be responsible for the health and safety of others.
One innocent lapse in judgment is all it can take to find yourself living with a DWI conviction hanging over your head. While a first-time offense will likely not close as many doors as you might think, it certainly serves as a heavy reminder of how choices affect your reputation.]]>On Behalf of Bauer Law Officehttps://www.dwicriminalattorneymn.com/?p=493332022-04-22T16:03:53Z2022-04-22T16:03:53Za single document to show employers what makes you an exceptional employee.
Focus on all your relevant experience and training
No matter an employee's history with the police, resumes should focus more on the training and experience candidates bring to the table. Those with a criminal record who received relevant job training while incarcerated could include that on their resumes. This could present a great opportunity to share valuable skills and lessons that translate into a work environment.
Think twice about referencing your criminal background
While you do not want to lie about your criminal background, you need not include it on your resume. If you get an interview with an employer, expect to have the chance to discuss your DUI then. Use your resume to show what makes you a knockout candidate and only what makes you a knockout candidate.
Do not include unrelated work experience
If you had work or educational experiences while incarcerated that do not relate to your desired position, think twice before adding them to your resume. If you have time gaps in your resume, you may include your unrelated work experience in an "additional experience" section at the bottom of your resume.
Even with a criminal record, resumes serve the same purpose for those searching for a new job. Applicants with DUIs may need to tweak the document so it serves as a tool rather than a burden.]]>