A DWI arrest can leave you feeling embarrassed, frightened and unsure about what happens next. You may be worried about losing your driver’s license, going to jail, keeping your job or explaining the situation to your family.

The most important thing to understand is that an arrest is not a conviction. The government still must prove its case, and both the traffic stop and the evidence collected afterward may be challenged.

You should take the situation seriously—but you should not assume that the outcome has already been decided.

1. Write Down Everything You Remember

As soon as possible, make detailed notes about what happened before, during and after the traffic stop. Important details may include:

• Where you were and what you consumed
• When you last ate or drank
• Why the officer said you were stopped
• What the officer asked you
• How you answered
• Whether you were asked to perform field sobriety tests
• The conditions where those tests occurred
• Whether you took a roadside breath test
• Whether you were taken to a police station, jail or hospital
• Whether you submitted to a breath, blood or urine test
• Whether you spoke with an attorney before chemical testing

Small details can matter. Weather, lighting, traffic, an uneven surface, footwear, injuries, medications and medical conditions may all affect how a person performs during a DWI investigation.

Do not post your account on social media or discuss the details with anyone other than your attorney. Statements that seem harmless can later be taken out of context.

2. Preserve Documents And Other Evidence

Keep every document you received from law enforcement or the court. These papers may contain important information about your charges, court date, release conditions and driving privileges.

You should also preserve:

• Receipts from restaurants, bars or stores
• Text messages and photographs from the day of the arrest
• Rideshare records
• Names and contact information for potential witnesses
• Medical information relevant to balance, coordination or testing
• Any video footage that may exist

Some evidence is not kept forever. An attorney can move quickly to request squad-camera footage, body-camera recordings, dispatch records, testing records and other evidence before it is lost or overwritten.

3. Follow Your Release Conditions

Carefully review any conditions imposed when you were released. Depending on the case, you may be ordered not to use alcohol or controlled substances, remain law-abiding, submit to testing or follow other restrictions.

Violating a release condition can result in additional charges, increased bail or being taken back into custody. If you do not understand a condition, speak with an attorney rather than guessing about what it means.

You must also appear at every scheduled court hearing unless your attorney tells you that your appearance has been excused.

4. Confirm Whether You Can Legally Drive

Do not assume that your license remains valid simply because the criminal case has not been resolved.

Following a test failure or refusal, a person may receive a seven-day temporary license before an administrative revocation begins. The documents provided after the arrest should explain when the revocation takes effect and what review rights may be available. Minnesota’s current driver’s manual discusses the temporary-license and revocation process.

Driving after your privilege has been withdrawn can create an entirely new criminal problem. Check your status and speak with an attorney before getting behind the wheel.

5. Speak With A Minnesota DWI Defense Attorney Quickly

DWI cases frequently involve deadlines that arrive long before the criminal case is completed.

Under current Minnesota law, a petition seeking judicial review of an implied-consent license revocation generally must be filed within 60 days after receipt of the notice and order of revocation. Missing that deadline can mean losing the opportunity to have a judge review the administrative revocation. Minn. Stat. § 169A.53.

An attorney should evaluate both sides of your case immediately—not merely wait for the first criminal court hearing.

A Minnesota DWI Can Create Two Separate Cases

One of the most confusing things about a Minnesota DWI is that it may produce two related but legally separate proceedings.

The Criminal DWI Case

The criminal case is brought by a city or county prosecutor. Depending on the circumstances, the possible consequences can include:

• Jail
• Fines and court costs
• Probation
• Chemical-use assessment or treatment
• Alcohol monitoring
• Ignition interlock requirements
• Vehicle forfeiture or license-plate impoundment
• A criminal conviction appearing on your record

The criminal case may involve questions such as whether the officer had a lawful reason to stop you, whether the arrest was supported by probable cause, whether your constitutional rights were respected and whether the state can prove impairment or an unlawful alcohol concentration.

The Civil Driver’s-License Case

The driver’s-license proceeding is commonly called an implied-consent case. It challenges the administrative action taken against your driving privileges after an alleged test failure or refusal.

This is a civil proceeding involving the Commissioner of Public Safety. It does not simply disappear because the criminal charge is reduced, delayed or dismissed. Similarly, a victory in the license case does not automatically resolve the criminal prosecution.

The civil case may address issues including:

• Whether the traffic stop was lawful
• Whether the officer had probable cause
• Whether the testing requirements were properly followed
• Whether you refused testing
• Whether the chemical test was reliable
• Whether police unlawfully entered a home or obtained evidence

A successful challenge may result in the revocation being rescinded. In one recent Lesch Law Firm case, the government rescinded a client’s license revocation before the scheduled hearing after the firm challenged a warrantless entry into the client’s home.

Because these cases proceed on separate tracks, an effective defense must account for both from the beginning.

Field Sobriety Tests Deserve Careful Examination

Many people believe that “failing” field sobriety tests proves they were impaired. It does not.

The National Highway Traffic Safety Administration’s standardized battery consists of three tests:

• Horizontal gaze nystagmus
• Walk-and-turn
• One-leg stand

These tests are intended to be administered and evaluated according to standardized procedures. The officer’s instructions, demonstrations, testing surface, environmental conditions and interpretation of the subject’s performance can all become important.

John Lesch traveled to Denver to complete training and qualify as an administrator of Standardized Field Sobriety Tests. That training gives him firsthand familiarity with how the tests are supposed to be explained, performed and scored. He can compare the officer’s conduct against the procedures officers are trained to follow rather than simply accepting the police report’s conclusion that a person “failed.”

NHTSA’s SFST materials confirm that these are standardized tests supported by detailed curricula and administration protocols.

A Former Prosecutor Who Understands How DWI Cases Are Built

Before becoming a criminal defense attorney, John Lesch served for 15 years as a prosecutor for the City of St. Paul. During that time, he prosecuted DWI and other misdemeanor cases and handled thousands of criminal matters.

That experience matters because he understands how prosecutors evaluate police reports, field sobriety tests, chemical-test evidence and pretrial challenges. He knows what prosecutors look for when assessing the strength of a case—and where weaknesses may exist.

Today, he uses that experience on behalf of people accused of crimes. He examines the government’s case from both sides, identifies the evidence that must be challenged and prepares each matter with the expectation that the defense may need to litigate it fully.

Do Not Assume A DWI Charge Is Hopeless

A strong DWI defense begins with the evidence. Depending on the circumstances, your attorney may investigate:

• The legal basis for the traffic stop
• The officer’s observations and body-camera footage
• The administration of field sobriety tests
• The legality of any entry, search or arrest
• Whether you were properly advised of your rights
• The handling and reliability of breath, blood or urine evidence
• Whether testing procedures were followed
• Whether medical or environmental factors affected the investigation
• Whether the prosecution can prove every required element

Some cases result in negotiated resolutions. Others may produce reduced charges, suppression of evidence, rescission of a license revocation, dismissal or acquittal. The appropriate strategy depends on the specific facts and evidence.

Protect Your Rights And Your Driving Privileges

Waiting can limit your options. If you have been arrested or charged with a DWI in Minnesota, contact Lesch Law Firm as soon as possible. John Lesch can review the traffic stop, testing process, criminal allegations and driver’s-license consequences and explain what steps should come next.

Call (651) 302-7009 or complete the online contact form to schedule a free 30-minute consultation. Past results do not guarantee future outcomes.