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Out Of State DWI - Questions

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Tdidy

Junior Member
What is the name of your state? Illinois

I am from IL and was visiting friends in Minnesota when I was pulled over and charged with a class 4 misdemeanor DWI. I am not sure what to expect with this, being that I am from out of state, and this is my first DWI offence ever. Any ideas?

Also, I had a friend who had a similar situation in Michigan. He said he just never went back and that was the end of it, but I assume that could catch up with him someday. However, I am curious as to what could happen if I just decided to ignore it and never return to MN again. Would this follow me to IL? What kind of "worst case scenerio" would I be looking at here?

Thanks for your advice!
 


seniorjudge

Senior Member
Worst case scenario if you did not go back is that a warrant for your arrest would be issued in Minnesota and your Illinois license would be revoked.

In fact, you would not be able to get a license anywhere in the United States (and, I think, some Canadian provinces).
 

Tdidy

Junior Member
Do you know if the make it so that I will have to go back to appear in court in person? Or can I have someone represent me, and not have to travel?
 

sjmjuly

Member
Take care of it. don't just turn your back and pretend it didn't happen. If you do, it WILL come back and bite you in the butt. First and foremost you need an attorney. If you can't afford one, you will be assigned a public defender, but I would suggest you try to get your own attorney that specializes in DUI/DWI in the county you were arrested. Usually DUI/DWI charges are "must appear" citations that will require your attendance. You didn't give too much information about the arrest, (what you blew, accident or not, etc,,,) but first time offenders usually are not punished as harshly as a repeat offender.
I don't know how long ago your friend was busted, but times have changed and communication between states has gotten better. I wouldn't risk just walking away pretending this didn't happen.
 
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Tdidy

Junior Member
I was arrested at night under normal driving conditions. (no rain,snow) The arresting officer said I did not use my turn signal when changing lanes. I took the FST and was able to preform the tests, but ended up blowing a 0.16 :eek: There was no accident and no other citations were issued. My driving record is ok...2 speeding tickets in the last 3 years but no accidents or any other citations. I'm not sure if that will hurt my case or not, but thought it was worth mentioning. I was cooperative (they even commented on how nice and cooperative I was) :) so maybe that will carry some weight in court? I did contact a lawyer, though they wanted $2500 for the case. Do these types of cases usually cost this much?
 

seniorjudge

Senior Member
Q: I was cooperative (they even commented on how nice and cooperative I was) :) so maybe that will carry some weight in court?

A: Yes, it may.



Q: I did contact a lawyer, though they wanted $2500 for the case. Do these types of cases usually cost this much?

A: That is very cheap.



You have to do it in person.
 

sjmjuly

Member
Being cooperative is first and foremost vrey important. It looks much better to the judge if he sees you didn't spit on the officer or call him an idiot. This will be in your favor.
A .16 blow is high. I don't know if the state has an "extreme blow" law (over .15 usually brings a harsher penalty) but that is something the attorney can tell you. Like Seniorjudge said, $2,500 is pretty good for a blow of .16.
I too was arrested in Maryland for DUI in March. I blew a .09, and was very proactive with my responsiblity in dealing with it. I voluntarily became a member of MADD, attended a Victim Impact Panal Meeting, took an 8 hour DUI/DWI driving improvement course and have completed 9 weeks (12 hours) of alcohol education classes. All this was completed BEFORE I went to court. (I go this Monday)
I would suggest the following to you:
Start educating yourself on the DUI laws where you arrested. When you have questions, ask your attorney. Get yourself enrolled in an alcohol class right away. The more things you do to show the judge and the court that you are sorry and that it won't happen again, the better.
 

ajs09876

Member
Minnesota

Minnesota DWI laws are tough. I live here so I know. You almost always automatically lose your driving privileges right away. We do have what sjmjuly called "extreme blow" It is if you blew twice the legal limit or more it becomes a third degree DWI. That's bad. It's almost like getting 2 DWI's at once. For example a 4th degre DWI is

a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.
That is like a first time DWI. Unfortunately for you, you blew twice the legal limit. (.08 here in MN) That makes it a third degree DWI which is

a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven.

Get a lawyer yesterday! After re-reading the Original post I see you got a class 4 misdemeanor. You are very lucky. You still should get a lawyer. the 2500.00 is probably a retainer. This DWI is going to cost you more than that. Your license for a while, fines, classes..... Minnesota is not a good state to drive drunk in. Google Minnesota DWI laws and see what I mean.:eek:
 

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