Can St. Paul Criminal Defense Lawyers Minimize DWI Collateral Consequences?

All criminal cases include collateral consequences. For example, if someone Googles your name, some very unflattering entries and images may appear at the top of the page.

Furthermore, many Ramsey County judges require defendants to be present at all court dates, even if nothing happens. That means multiple requests for time off, multiple days without pay, and multiple personal headaches.

In some ways, DWI collateral consequences are not as bad as some other offenses. Driving While Intoxicated is not a crime of moral turpitude. Crimes that involve evil intent, such as theft and assault, stain a background for years to come. Crimes of moral turpitude may also have immigration consequences.

But a DWI has plenty of collateral consequences. Fortunately, a diligent St. Paul criminal defense lawyer can usually reduce or eliminate them.

Drivers’ License Suspension

Minnesota is an implied consent state. When people sign their drivers’ licenses, they agree to provide chemical breath or blood samples on demand. These drivers still have the right to refuse a Breathalyzer test. But if they do so, there are consequences in the form of drivers’ license suspension. Basically the same thing happens if they fail the test, although the suspension period is shorter.

If your drivers’ license is suspended, and such suspension is almost inevitable in a DWI case, a limited drivers’ license may be available. In some states, a limited or occupational license is almost there for the asking. But in Minnesota, applicants must prove one of the following:

• Attendance at an alcohol treatment facility requires a drivers’ license,
• A license is the only way to prevent substantial educational, nutritional, or other family hardship, or
• The person needs a license to make a living or go to school.

In all these cases, the applicant must also prove that public transportation and/or ridesharing is not a reasonable alternative.

Additionally, in Minnesota, a limited license is limited with a capital “L.” The license must specify times and routes. There is a 60-hour weekly driving limit, and at least one day of the week must be a no-driving day. Furthermore, the application process is cumbersome and expensive ($680 application fee).

A St. Paul criminal defense lawyer provides valuable services in this area. An attorney helps you prepare and file your application. If there are any mistakes, the clerk may discard it and force you to start over. Perhaps more importantly, a St. Paul criminal defense lawyer advocates for you at the limited license hearing. Without a good attorney, you may be hard-pressed to convince a judge to issue a limited license.

Security Clearance

Many Department of Defense workers and civilian military contractors depend on their security clearance. According to DoD Directive 5220.6, alcohol consumption, and specifically a driving under the influence “incident. . .often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.” Note that the directive reders to an “incident” as opposed to a conviction.

However, adverse action against your security clearance is not automatic. First, there must be a hearing. At that hearing, a St. Paul criminal defense lawyer can bring up some mitigating circumstances, such as:

• Any “unusual circumstances” surrounding the arrest make it unlikely to happen again,
• The defendant has either stopped drinking or is undergoing alcohol treatment, and
• The person has an ongoing support netowrk, like an Alcoholics Anonymous group.

Adverse action could be a denial of a security clearance application, refusal to renew an existing clearance, or a downgrade.

Auto Insurance Rates

Many people cite higher auto insurance rates as the most crippling DWI collateral effect. Most people must obtain high-risk SR-22 insurance and keep it for at least three years. As a result, their premiums may double or even triple.

A St. Paul criminal defense lawyer is not an auto insurance agent, so there is not much a lawyer can do about this indirect consequence. But an attorney is also a resource person. Your lawyer can refer you to an insurance agent who offers good coverage for a fair rate.

Child Custody

Ramsey County prosecutors almost always file enhanced DWI charges if there was a child under 16 in the vehicle at the time. The enhancement applies even if the child was not your kin.

This enhancement usually triggers a Child Protective Services investigation. At a minimum, the defendant must deal with snooping CPS investigators and multiple home visits. In many cases, this agency also files child endangerment charges. Such investigations and cases make it almost impossible to successfully resolve a child custody or other family law dispute.

Many times, a St. Paul criminal defense lawyer arranges a plea bargain set-off. For example, your attorney might arrange for you to pay a higher fine in exchange for enhancement dismissal. That’s usually a very good deal, especially in the long run.

Connect with Assertive Attorneys

Anticipating DWI collateral consequences makes it easier to deal with them. For a free consultation with an experienced St. Paul criminal defense lawyer, contact Capitol City Law Group, LLC. Go online now, call us at 651-705-8580, or stop by 287 6th St E, Suite 20, St Paul, MN 55101.