DWI Defense And Driver’s License Protection In Minnesota

Last updated on October 13, 2026

Sometimes, a single bad decision, such as driving after drinking or making a mistake behind the wheel, can lead to serious trouble with the law. A DUI or DWI offense is a high-stakes situation.It can disrupt your career, drain your finances and separate you from your family. It is vital to find a lawyer who helps you understand your options and protects your constitutional rights.

As the founder of Montgomery Law in White Bear Lake, Amanda Montgomery has dedicated her career to criminal defense. She has served clients in the Twin Cities and throughout Minnesota since 2012. In her work, she has cultivated a reputation for dedication and success. She handles complex criminal matters with both compassion and strategic depth.

Understanding Minnesota DWI Laws And Traffic Offenses

Minnesota DWI laws are strict. You can be charged with driving under the influence for operating or being in physical control of a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher. However, you can also be charged if you are impaired by drugs or prescription medication. This is regardless of your alcohol level.

Authorities often use a simple traffic violation, such as a broken taillight or drifting over a lane line, as a reason to stop you. Once stopped, if an officer suspects impairment, the situation quickly escalates into a criminal investigation. A major misconception is that you only face penalties if you are convicted in criminal court.

In reality, Minnesota uses an administrative process that can lead to an immediate license suspension or revocation before your first court date. Amanda understands these dual tracks of the law. She will provide a strategic approach to defend you in both the criminal and civil arenas.

DWI Defense: Your Rights And Legal Options

When you are stopped by police, you still have rights. You have the right to remain silent. If you are arrested for a DWI, you also have the right to an attorney. However, Minnesota has implied consent laws. Implied consent laws dictate that by driving on Minnesota roads, you have already consented to chemical testing. Therefore, if you refuse to submit to chemical testing, you can lose your driving privileges.

Understanding your driving privileges is a key part of your defense. Depending on the specifics of your case, you may be eligible for a limited license. A limited license will allow you to get to work or school. Sometimes, you may need to enroll in the ignition interlock program to keep your driver license active.

Amanda prioritizes client empowerment and honest transparency. She will review the evidence in your case. It is important to see if the police had a valid reason for the initial stop and if they followed proper procedures during your arrest. By explaining your choices clearly, Amanda helps you feel confident and in control of your defense strategy from start to finish.

Preparing For Trial In A DWI Case

Many DWI attorneys seek the fastest way to resolve a drinking and driving case, usually through a plea deal. However, Amanda stands out by prioritizing trial readiness. She believes that a prosecutor is more likely to offer a favorable resolution when they know the defense is fully prepared to fight in court. Thorough trial preparation involves:

• Analyzing breathalyzer maintenance records
• Reviewing squad car video
• Interviewing witnesses to find inconsistencies in the state’s narrative.

Amanda’s strong relationships within the Minnesota legal community allow her to advocate effectively for her clients in any criminal law challenge. Whether she is challenging the validity of a blood test or arguing a motion to suppress evidence, her goal is to protect your future. By choosing Montgomery Law, you gain a partner who is determined to see your case through to the best possible outcome, never defaulting to a plea out of convenience.

Types Of DWI Charges In Minnesota

Not every DWI case in Minnesota is the same, and the charge you face depends on the circumstances of the stop, your prior record and what the prosecution can prove. Here is an overview of the most common charge types Amanda handles:

• First-offense DWI typically carries up to 90 days in jail, a $1,000 fine and license revocation. The outcome depends heavily on the strength of the evidence and how early you get representation.
• Second-, third- and fourth-offense DWI each carry escalating mandatory minimums. Every prior offense within Minnesota’s 20-year look back window increases the degree of the charge. A third offense within 10 years is a gross misdemeanor; a fourth can be charged as a felony.
• Aggravated DWI applies when a BAC of .16% or higher, a child under 16 in the vehicle, or a refusal to test is involved. These aggravating factors elevate the charge and add mandatory penalties.
• Felony DWI results from a fourth DWI within the 20-year look back or a new DWI following a prior felony DWI conviction. A felony charge can carry up to seven years in prison.
• DWI with accident or injury can bring additional charges such as criminal vehicular operation on top of the underlying DWI, depending on whether property damage or personal injury was involved.
• Underage DWI covers drivers under 21. Minnesota’s zero tolerance policy means any detectable amount of alcohol can result in a charge, well below the standard .08% threshold.
• CDL DWI defense involves a stricter .04% BAC standard for commercial drivers, and a second offense means permanent CDL disqualification regardless of the outcome in criminal court.
• Drug DWI (DUID) applies when impairment is caused by marijuana, prescription medication or a controlled substance, even when the driver’s BAC is zero.

The charge you are facing now is serious, but it is not the end of the road. Amanda will review the specifics of your case and tell you exactly where you stand from the first call.

Can I refuse a field sobriety test in Minnesota?

Yes. Roadside field sobriety tests, including the walk-and-turn, one-leg stand and eye-tracking tests, are voluntary. You can decline them without criminal penalty or license consequences. The preliminary breath test (PBT), the handheld device used at the roadside, is different. Refusing a PBT is classified as a petty misdemeanor, and PBT results are generally not admissible at trial. The chemical test at the station is where implied consent applies. Refusing that test is a gross misdemeanor, triggers a mandatory license revocation and elevates the degree of your charge. Officers can also seek a warrant for a blood draw after a refusal, so declining does not guarantee that BAC evidence will be kept out.

How long does a DWI stay on my record in Minnesota?

A DWI conviction stays on your public criminal record indefinitely unless it is expunged. Under changes that took effect in August 2025, prior offenses now count toward enhanced penalties within a 20-year look back window, doubled from the previous 10 years. Expungement can seal the court record from public view, but it does not remove the conviction from your Department of Public Safety driving record. That means an older DWI can still be counted as a prior offense when determining your charge level. If you have a conviction you thought no longer applied, contact Amanda to discuss how the new look back period affects your situation.

Talk To A White Bear Lake DWI Attorney

If you have been charged with a DWI offense, this is a stressful time. Amanda provides supportive and non-judgmental legal guidance. To schedule an appointment, you can call Montgomery Law at 651-867-9496. You can also send a message through the firm’s website to schedule a consultation.