My daughter got a dwi last night. She blew a .10. What are the realistic chances of getting the chare reduced to reckless drivin

Since I win a high percentage of DWI cases, it must not be "cut and dried." She will need to challenge the administrative license revocation within 30 days, or it will become permanent. There is no court date for that unless she retains an attorney to serve and file a legal challenge to it before it is too late, within 30 days. See more at links below.

Like Mr. G, I have tried and won a good number of DWI cases, including a felony DWI appeal win in the Minnesota Supreme Court--the first time they had ever overturned a felony DWI conviction. No DWI case is "cut and dried." Whether she can get a careless at a .10 frankly is largely dependent on what county it happened in, which you didn't say. In Ramsey Co. and Henn. Co., a driver can get a temporary reinstatement of her DL while the case is pending. If your daughter was not arrested in either of these counties, then she will lose her license after her 7 day temporary DL expires, while he case is pending. So, if she loses her DL while fighting her case, she may lose her job w/the vulnerable adults. One way around this is she could get her DL back immediately if she went on Ignition Interlock and she could then get a work vehicle exception and perhaps keep her job. More info is available on my website at www.dwi-legal.com and http://www.dwi-legal.com/Practice-Areas/Ignition-Interlock.shtml and http://www.dwi-legal.com/Practice-Areas/Loss-of-Job-Due-to-DWI.shtml. If she does go onto Ignition Interlock, then I recommend the vendor SmartStart (website is www.smartstartmn.com) because my clients have reported to me that it is the Vendor which has the best customer service and is easiest to work with. Feel free to call me at 651-247-6118 for a free initial consultation.

First, if this is a first offenseit was charged as a fourth degree offense. This is still serious as a misdemeanor and carries with it maximum criminal penalties of up to 90 days in jail and a $1000 fine. If convicted any subsequent DWI offense would be much more serious and with four offenses in ten years, you can be charged with a felony. As a result, as strong defense on the first alleged incident can be critical to your future. Different Judges give different sentences. Accordingly, understanding your Judge and knowing how to change Judge's can be an important part of the process. WIth a low BAC of .10, it is certainly possible that the prosecutor will agree to a careless driving. However, that is only half the still a license revocatoin which is the equivcalemnt of a DWI in terms of affect on a driving record. There is also a civil case that results in the revocation of your driver's license. On a first offense over your lifetime, you may be revoked for 30 to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge your license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. A failure to challenge results in an Implied Consent violation on your record which can also affect employment and may be used to enhance any subsequent DWI offense. There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. Other points of a defense analysis include: · Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid; · Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid; · Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed; · Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge. I have over 20 years of experience representing defendants charged in DWI cases. Often the defenses do not become apparent until full discovery has been made. This includes acquiring audiiotapes, videotapes (which may often exist from squad cameras and at the station), as well as police reports. In the end, we scour the records to explore every possible challenge to the prosecution's case. For a FREE Consultation and legal representation call us at 612.240-8005.