Can A DUI Be Challenged?

The personal costs of a DUI conviction are significant in Minnesota. You face steep fines, increased insurance premiums, probation and possible imprisonment. Your driver's license may be suspended or revoked. The establishment of a criminal record makes it difficult to find suitable employment.

Yet, in many cases, a DUI can be successfully challenged. Having practiced criminal law for more than 25 years, including as a prosecutor, I possess a thorough understanding of DUI proceedings. I will fully investigate the facts behind your charges. If there are vulnerabilities in the prosecution, I will find them. If the charges cannot be dismissed, I will negotiate aggressively with opposing counsel to mitigate sentences and fines, and to ensure driving privileges are preserved to the greatest possible extent.

Why Might The Prosecution's Case Be Weak?

Prosecuting a DUI is a difficult matter. The state is required to carry out a series of complicated procedural processes, and must do so seamlessly. Mistakes are frequently made. A knowledgeable lawyer understands where errors are most likely to occur, and can present persuasive arguments to have your charges reduced or dismissed.

Yet a number of laws are in place to protect the rights of drivers. For instance, an individual cannot be pulled over unless the probable cause standard is met — that is, unless an officer has a demonstrable reason to believe the driver is already engaging in illegal activity. Likewise, a vehicle may not be searched on the grounds of a minor traffic offense, or without the owner's consent. These rules are often breached, violating an individual's legal rights.

Similarly, several methods used to test sobriety have been proved inaccurate or prone to malfunction. Nevertheless, they are still admitted as evidence during trial. Such evidence can often be dismissed. The courts may make administrative missteps that might affect an individual's case. They may fail, for example, to provide a trial in a timely manner, or the prosecution may neglect to disclose its expert witnesses.

I will work assiduously to leverage procedural errors in your favor.

Contact The Law Offices Of Dennis M. Lothspeich, P.A.

I have served as a defense attorney for clients in Brainerd and greater Crow Wing County since 1987. To schedule a free consultation, you can call my offices at 218-825-0861, or reach me through my online form.