St. Paul DWI Defense Attorney

Experienced DWI Defense in Minnesota

Mark D. Kelly has represented people charged with DWI and other criminal offenses throughout Minnesota for more than 30 years. A DWI arrest can affect your driver’s license, employment, reputation, and freedom. But an arrest is not a conviction, and every case should be carefully examined.

A DWI case may involve questions about the legality of the traffic stop, field sobriety testing, breath or blood testing, probable cause, and whether law enforcement followed required procedures. The facts matter.

Mark D. Kelly Criminal Defense carefully examines every stage of a DWI case to identify defenses and protect the client’s rights.

What is the legal alcohol limit for someone in Minnesota? 

In Minnesota, it is illegal to drive, operate, or be in physical control of a motor vehicle with an alcohol concentration of .08 or more. A driver can also be charged with DWI even with an alcohol concentration below .08 if the State alleges that alcohol impaired the person’s ability to drive.

Can You Get a DWI With a BAC Below .08?

Yes. A BAC of .08 is not required for every Minnesota DWI charge. A person may be charged if law enforcement alleges that alcohol impaired the person’s ability to drive, operate, or be in physical control of a motor vehicle.

Whether the evidence actually proves impairment is a different question. The officer’s observations, driving conduct, field sobriety tests, statements, and chemical testing may all become important in defending the case.

What happens if I refuse a field sobriety or preliminary breath test (PBT)?

If the officer asks you to perform any roadside field sobriety tests, such as the walk-and-turn or one-leg stand, you have the right to decline.  These tests are voluntary.

The officer may also ask you to take a preliminary breath test (PBT) before any arrest, sometimes called a roadside breath test. In most situations, you may decline a PBT, although there are exceptions.

HOWEVER, declining these tests does not prevent an officer from arresting you for DWI if the officer has probable cause to believe you were driving while impaired. The officer may rely on other observations, such as driving conduct, the odor of alcohol, bloodshot or watery eyes, slurred speech, difficulty with balance or coordination, admissions about drinking, or other circumstances observed during the stop.

More importantly, the rules change after an arrest.  If you are arrested for DWI, law enforcement may ask you to submit to an evidentiary chemical test of your breath, blood, or urine.  This is different from the voluntary roadside tests discussed above. Minnesota’s implied-consent law governs chemical testing after a DWI arrest. Refusing a lawfully required breath test can itself result in a criminal charge, as well as driver’s license consequences.

Blood and urine testing are governed by different requirements and generally involve a search warrant.

What to Focus On During a DWI Stop

If you are pulled over on suspicion of DWI, the most important thing you can do is stay calm and controlled. The interaction is being observed and, in many cases, recorded. How you speak, move, and respond can become part of the evidence in the case.

You are required to provide identification and follow lawful instructions, such as stepping out of the vehicle if asked. Beyond that, you are not required to answer questions that may incriminate you, and roadside field sobriety tests are voluntary. In most circumstances, you may also decline a preliminary breath test (PBT).

If you choose to decline, how you do so matters. A calm, respectful response is very different from an argumentative or confrontational one. Escalation can make the situation worse and introduce additional issues that have nothing to do with impairment.

Building a DWI Defense

A DWI charge does not begin with the breath-test result. A strong defense starts by examining everything that happened before, during, and after the arrest.

Was there a lawful basis for the traffic stop? Did the officer actually observe signs of impairment? Were field sobriety tests properly administered? Was there probable cause for the arrest? Was chemical testing conducted lawfully and reliably?

Police body-camera and squad-car video can be particularly important evidence. These recordings may show the driving conduct, the officer’s instructions, the client’s speech and behavior, performance on field sobriety tests, and other details that may support—or contradict—the officer’s written report.

Each of these issues can affect the evidence the State is permitted to use and, ultimately, the outcome of the case.

Experienced DWI Defense in Minnesota

Mark D. Kelly has defended DWI and criminal cases throughout Minnesota for more than 30 years. At Mark D. Kelly Criminal Defense, we understand that being charged with DWI can be unfamiliar and overwhelming. Our job is to explain the process, carefully examine the evidence, identify the legal issues that may affect your case, and provide straightforward advice about your options.

If you have been charged with DWI, contact our office to discuss your case with an experienced Minnesota DWI defense attorney.