DUI, DWI Attorneys

Charged with DUI or DWI? Get experienced representation.

If you face charges in Minnesota, contacting an experienced DWI attorney can save you from making critical mistakes as your case moves forward. We serve clients in Minnesota facing impaired driving offenses and related charges. DUI and DWI charges can lead to criminal and civil cases including such issues as forfeiture, driver’s license revocation or other serious consequences.

Call 651-455-1555 to schedule a consultation at no charge to you. We will listen carefully and help you determine an appropriate course of action. We know 24/7 availability may be important under certain circumstances. Find more information here: Tom Sieben and Patrick Cotter.

About DWI Charges in Minnesota

To view various Minnesota statutes and detailed information on felony and misdemeanor DWI and related charges, select from the list below:

Frequently Asked Questions

What do I do if I have been pulled over for driving while intoxicated (DWI)?

If you have been drinking and driving you have a various rights related to DWI, or any other traffic offense in Minnesota. These Do’s and Don’ts will apply if you have been drinking, and believe that it is likely that if you take a Preliminary Breath Test (PBT) you will fail. DO… Limit your speech to only the required information that you must provide the officer. Have your license and proof of insurance ready before the officer arrives at your window. Also, be prepared to provide the officer with your name, address, date of birth, etc… Remember to be respectful, being a jerk to the officer is only going to make the experience worse for you. DON’T… Answer any further questions from the officer about why you were stopped or if you have been drinking. Minnesota Courts have consistently said that blood shot eyes, slurred speech, and any admission that you had even a single drink is enough for an officer to begin Field Sobriety Tests. In any event its best to just stay quiet to keep from incriminating yourself. Remember be respectful at all times. DO… Obey all reasonable commands from the officer. After refusing to answer the officer’s questions he will probably ask you to exit your vehicle. Listen to the officer, get out of your vehicle, and close the door behind you so that he cannot see inside your vehicle. This will keep the officer from finding “any” further evidence without first obtaining a search warrant. DON’T… It is your right to refuse to take any Field Sobriety Tests or Preliminary Breath Test. Refusing these tests is not a crime. If you refuse, it is likely that the officer will tell you that he will arrest you for DWI and take you to the station for booking and further testing. At this point it is likely that you will be arrested when you fail the tests anyway. Attempting these tests can really only work against you. DO… Request to speak to an attorney before answering any questions or submitting to further testing. This is your right to speak to an attorney before being required to take a blood, breath, or urine test. Refusing this test is a crime, and can enhance the severity of the offense, but an experienced attorney can help you make the right decision in your situation.

What does implied consent mean?

Minnesota law requires you to take a blood, breath, or urine test if you are arrested for a DWI. Minnesota’s implied consent law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving or boating while intoxicated, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). You also consent to these chemical tests – even if you have not been arrested – if you are involved in an accident where there is property damage, a serious injury, or death. The test must be taken within two hours of when you were last driving or boating. The officer gets to choose which test you take and may require you to take an additional test if he or she believes you have been taking drugs, too. When officer requests a test, he or she has to tell you that Minnesota law requires you to take it and that refusing it is a crime. This is known as the “Implied Consent Advisory.”

Do I have a right to speak to an attorney?

You have a limited right to speak to an attorney before consenting or denying the Implied Consent Test. The officer must tell you that you have this right before you take the test. This does not give you the right to speak with an attorney for hours, though, because of the testing delay. You are, however, afforded a reasonable amount of time to consult with your lawyer. Every case is different and you should ALWAYS exercise this right to determine the best decision for you. If you have been arrested on a DWI charge in Minnesota get help from an experienced DWI attorney. DWI convictions have serious consequences – especially if the incident involved injury to people or property, or if it’s your second or subsequent DWI. To avoid or reduce the consequences, contact Sieben & Cotter at 651-455-1555. Tom Sieben and Patrick Cotter are knowledgeable about DWI laws and how the system works in Minnesota.

Can I refuse field sobriety tests or portable breath test (PBT)?

f an officer has a reasonable, articulable suspicion that you have committed a DWI they may order you out of your vehicle, and ask you to conduct FSTs, and/or a PBT. These four roadside tests include, (1) Horizontal Gaze Nystagmus, (2) one-leg stand, (3) walk-and-turn, and (4) portable breath test. It is important to understand that you have options. It is NOT a crime to refuse these roadside tests. If you believe that there is even a chance that you are over the limit, you have nothing to gain from taking these tests. These test are unnatural movements, and failing the tests make your case much harder to win. If you refuse the testing, the officer will likely arrest you anyway for suspicion of DWI. Likewise, if you fail the tests you will be arrested also. At this point you will be taken to the police station or hospital and read the Implied Consent Advisory. Refusing this blood, breath, or urine test IS A CRIME and can have significant consequences. Every case is different. Exercise your right to speak with an attorney before making a decision about the Implied Consent testing.

The importance of hiring an experienced DWI attorney

If you face DWI or DUI charges in Minnesota, an experienced attorney can help you to avoid mistakes and achieve the best possible outcome in your individual situation.

Case Victories

Boating While Intoxicated (Dakota County)

Client was charged with operating his boat on the St. Croix River while intoxicated. We brought several motions to dismiss, to include that the DNR officer did not have a basis to stop our client’s boat and that the officer failed to vindicate client’s right to consult with an attorney prior to taking a chemical test. The judge agreed with us and DISMISSED the charges.

Result: CHARGES DISMISSED

Gross-Misdemeanor DWI (Chisago County)

We filed an in-depth motion prior to trial challenging the stop of client’s snowmobile. We argued that client was seized by the officer without reasonable suspicion-making the stop unlawful. The judge agreed and DISMISSED the charges against client.