Vehicular Crimes Defense2025-07-15T20:37:37+00:00

Vehicular Crimes Attorneys

Get the legal representation you need

If you have been charged with vehicular homicide or another type of vehicle crime, you face a harsh sentence if found guilty. Whether your case involves drunk driving, negligence or manslaughter, take decisive and positive action. It is critical that you find an experienced attorney to represent you and help you retain your legal rights.

Minnesota State Bar Association Criminal Law Certified Specialist, Patrick Cotter
Best Lawyers Best Law Firms US News 2024
Super Lawyers Top 100
National Trial Lawyers Top 100
Best Lawyers 2025, Tom Sieben, Patrick Cotter, Sieben & Cotter, PLLC
Call 651-455-1555 today to schedule a comprehensive consultation at no charge to you. We will listen to your story carefully and help you determine an appropriate course of action.

Defense strategies for vehicular crimes

There are several defense strategies to pursue in such cases. In such cases, we have proven a client was not at fault for vehicular homicide or manslaughter, such as a situation where a pedestrian walked out in front of a moving vehicle. Or, if prosecution’s case hinges on alcohol or drug tests, we will work to invalidate those results. Whatever your situation, we will build a case entirely based on the details of your particular story.

If you face serious criminal charges, you need an experienced criminal defense attorney.

Types of vehicular crime charges

We can provide legal counsel in cases that involve:

Frequently Asked Questions

What does “in physical control” of a vehicle mean?2025-03-24T20:45:17+00:00
Being in physical control of a vehicle doesn’t necessarily mean you were driving. A car, boat or other vehicle may be parked, or you may be sleeping in the vehicle, but you still could be determined to be “in physical control”. Learn more.
Can I be charged with a DWI/DUI even though I wasn’t driving?2025-03-24T20:45:49+00:00
Yes. It is possible to be charged with or be guilty of DWI/DUI if it is determined that you were in physical control of the vehicle. Determining factors can include location of keys, whether the engine is running and where a suspect is located in the vehicle. Learn more.
What is a DataMaster or DMT?2024-12-12T19:34:04+00:00

The DataMaster or DMT is a breath test machine that is used to determine officially whether a driver has a blood alcohol content of .08 or greater. If they do, they will likely be charged with DWI. Under the implied consent law, drivers are required to take this test if law enforcement has probable cause to believe that they were driving while impaired. The official test result will be used against the driver at trial. Learn more.

What is a Preliminary Breath Test or PBT?2024-12-12T19:25:11+00:00

A preliminary breath test or PBT is a test that is used to determine if a driver is under the influence of alcohol prior to arrest. If a driver blows .08 or greater, they will be arrested. Law enforcement needs at least reasonable, articulable suspicion to request that a driver submit to a PBT. The PBT result cannot be used against the driver at trial. Learn more.

Do I have a right to an attorney before a DWI breath test?2024-01-31T20:49:55+00:00

In every criminal case, you have the right to an attorney during the court process, but in DWIs there is an additional point where the officer must allow you to speak with an attorney. Learn more.

Do I need an attorney for a DWI?2024-01-31T20:50:36+00:00

Having an attorney on your side can be of great benefit in a DWI case. Your charges could be reduced or thrown out entirely. Learn more

Additionally, you have a right to speak with an attorney before taking the breath test. See article

What do I do if I have been pulled over for Driving While Intoxicated (DWI)?2024-12-12T19:35:40+00:00

What to do if you have been stopped for a DWI in Minnesota

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.

The Attorneys at Sieben & Cotter can assist you in making your decision regarding breath testing during a DWI stop. Call or send a message to get help.

Minnesota State Bar Association Criminal Law Certified Specialist, Patrick Cotter
Best Lawyers Best Law Firms US News 2024
Super Lawyers Top 100
National Trial Lawyers Top 100
Best Lawyers 2025, Tom Sieben, Patrick Cotter, Sieben & Cotter, PLLC
DWI: What does Implied Consent mean?2024-02-20T19:35:44+00:00

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). See article.

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.”

DWI: Do I have a right to talk to an attorney?2024-01-31T20:53:22+00:00

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. See article.

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.

Is there a difference between DWI and DUI?2024-02-20T19:35:44+00:00

DWI means “Driving While Intoxicated.” DUI means “Driving Under the Influence.” These can have different meanings in other states, but in Minnesota these terms are essentially the same.

Refusing Field Sobriety Tests or Portable Breath Test?2016-11-20T19:57:47+00:00

If 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.

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.

Vehicle charges, testing, DUI/DWI: Recent articles

Tom Sieben, Attorney MN

Tom Sieben, Sieben & Cotter PLLC

Tom is a third-generation lawyer in the Sieben family and is devoted representing individuals in criminal defense, taking a straightforward and aggressive approach to cases.

Learn more about Tom Sieben

See Tom Sieben’s recent Victories

Patrick Cotter, Criminal Defense Attorney MN

Patrick Cotter, Sieben & Cotter PLLC

Patrick is a Board-Certified Criminal Law Specialist, and he takes great pride in providing expert personal injury and criminal defense representation for his clients.

Learn more about Patrick Cotter

See Patrick Cotter’s recent Victories

Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.
The Sieben & Cotter Law office is located in South St. Paul, making it convenient to access attorneys in Minneapolis and St. Paul, and the Twin Cities metro area. We also serve greater Minnesota and Wisconsin. We know that criminal defense concerns may require more immediate attention, contact Tom Sieben or Patrick Cotter.
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