Twin Cities DWI/DUI Defense Lawyer
Last updated on May 19, 2025
Facing a DWI charge in Minnesota can be a life-altering experience. The consequences of a conviction can affect your driving privileges, career, relationships, and overall well-being.
As a seasoned Minnesota DWI defense attorney with more than 25 years of experience and a proven track record of success, I, Charles Gerlach, provide personalized and aggressive representation to individuals facing drunk driving charges. As a former prosecutor, I possess a deep understanding of the strategies employed by the state to build a case against you.
I provide compassionate and results-driven advocacy, treating you like a friend while fiercely protecting your rights. If you’re facing a DWI charge, don’t hesitate to reach out to my St. Paul office for a free consultation and take the first step towards reclaiming your future.
What Happens During A DWI Stop In Minnesota?
When police pull you over, they’ll likely ask you to perform field sobriety tests. These tests are voluntary, though officers rarely mention this fact. If you participate, they observe every movement for signs of impairment.
They may request a preliminary breath test, which isn’t admissible in court but helps determine impairment. Then comes the request for a chemical test under Minnesota’s implied consent law.
I work with a former law enforcement officer who knows the ins and outs of DWI stops, field sobriety tests and implied consent procedures. They can review your case file to spot ways to challenge the evidence against you.
Minnesota DWI Laws And Penalties
Minnesota’s legal alcohol limit is 0.08, but you can be arrested at lower levels if the officer believes you’re impaired. By operating a vehicle in Minnesota, you’ve given implied consent for the state to collect a breath, blood or urine sample. Refusing this test can result in automatic license revocation for one year and additional criminal charges.
DWI offenses in Minnesota fall into four categories:
- Fourth-degree: Standard first-time offense with no aggravating factors
- Third-degree: DWI plus one aggravating factor
- Second-degree: DWI plus two or more aggravating factors
- First-degree: Fourth or subsequent DWI (felony)
I understand these complex laws and will develop a strategy tailored to the specific category of your charge to minimize the consequences of criminal charges.
License Revocation And Reinstatement
When arrested, you face immediate license revocation before any hearing occurs. You must file paperwork within 30 days to preserve your right to contest this civil penalty. I can help you obtain temporary driving privileges and reinstate your license as soon as possible.
The length of revocation varies based on your BAC level and prior offenses:
- First offense (BAC .08-.15%): 90-day revocation with limited license after 15 days
- First offense (BAC .16+ or test refusal): 1-year revocation with interlock device
- Second offense: 1 to 2-year revocation depending on BAC level
As your attorney, I’ll guide you through this complicated process and fight to restore your driving privileges as quickly as possible.
Plate Impoundment In DWI Cases
You may face plate impoundment if you have prior DWI convictions, your BAC was 0.20% or higher, or a child under 16 was in your vehicle during the offense. When this happens, I can help you navigate the process of obtaining “whiskey plates” that allow you to drive legally while complying with restrictions.
FAQs About DWI Charges In Minnesota
What Are The Penalties For A First-Time DWI Offense In Minnesota?
A first-time offender typically faces potential jail time and license revocation for 30 days to a year, depending on impairment level. Fines can reach $1,000 and you may need to complete a chemical assessment and follow recommendations for treatment or education programs.
Can I Still Be Charged With A DWI If I Wasn’t Actually Driving My Vehicle?
Yes. Minnesota law prohibits being in “physical control” of a vehicle while impaired. This means you can be charged if you’re in your car with keys accessible, even if parked. The law considers your ability to operate the vehicle, not whether you were driving.
What Is The Difference Between A Misdemeanor And Felony DWI Charge In Minnesota?
First through third DWI offenses are typically misdemeanors or gross misdemeanors with maximum penalties of up to one year in jail. A fourth offense within ten years becomes a felony, carrying potential prison sentences up to seven years and fines up to $14,000.
How Long Does A DWI Conviction Stay On My Record In Minnesota?
A DWI conviction remains on your criminal record permanently unless expunged. For enhancement purposes (increasing penalties for subsequent offenses), DWIs count for ten years. This means prior convictions within that timeframe can elevate new charges to more serious levels.
Free Consultation: Get Help Now
Contact Gerlach Law in St. Paul now at 952-952-9723 or via this online form for a free consultation. I’ll help you explore your options over a call, or I can meet you at your home if that’s more comfortable.
I’ll stand by your side through this difficult time, treating you like a friend while aggressively protecting your rights.