What should I do if I’m arrested for DWI?
What is the difference between misdemeanor, gross misdemeanor & a felony?
I’m charged with a crime. Do I need a lawyer?
What can a lawyer do for me?
What is an arraignment or first appearance?
I have to pay bail if I’m charged with a crime?
What is an omnibus hearing?
What happens at a pre-trial hearing?
Should I just enter a plea on a 1st time DWI since everyone gets the same deal anyway?
What does “implied consent” mean?
What happens to my record if I get convicted of a crime?

Q: What should I do if I’m arrested for DWI?

A: If arrested, know you have rights guaranteed to you by the Constitution. One of those is the right to an attorney. Respectfully tell the officer you want to have an attorney present prior to answering any questions. Also, decline to submit to field sobriety tests and do not blow into the handheld breath testing device (PBT) police use during traffic stops. While this will most likely ensure you will find yourself under arrest, you will have prevented yourself from giving the police any incriminating evidence. Throughout the process, remain as polite and courteous as possible.

If you are taken to the police station, tell the police you want to call Beito & Lengeling, P.A. before you submit to any further testing. Also, ask the officer for a pen/pencil and paper for notes. Do not answer any questions about where you were going or coming from, whether you were drinking or not, what you were drinking or how much, or whether you feel impaired.

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Q: What is the difference between misdemeanor, gross misdemeanor & a felony?

A: There are four levels of criminal charges in Minnesota. The lowest level is a petty misdemeanor such as a basic traffic offense. The next level is a misdemeanor. This carries a maximum sentence of a $1000 fine and/or 90 days in jail. Next is a gross misdemeanor which is a more serious crime that carries a maximum $3000 fine and/or one year in jail. The highest level is a felony. Each specific felony-level criminal act carries a punishment severity as specified by statute for each specific offense.

In a DWI prosecution, each level carries different driver license revocation periods and reinstatement requirements. There is no petty misdemeanor level DWI.

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Q: I’m charged with a crime. Do I need a lawyer?

A: You are always better off seeking professional assistance if you are accused of a crime. An experienced lawyer understands the intricacies of how the system works and can help you avoid the pitfalls that exist in every criminal prosecution. Keep in mind that not all lawyers are well suited to handle criminal matters. At Beito & Lengeling, P.A., we only represent people accused of crimes and thus we keep current with changes and trends in the law.

If you find yourself charged with a crime, you should contact Beito & Lengeling, P.A. immediately for a free consultation. We will assess your case and determine what defenses you have in your case. The difference between Beito & Lengeling, P.A. and other law firms is that we understand that a criminal charge can affect many areas of a person’s life. We offer overall legal counsel to each of our clients.

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Q: What can a lawyer do for me?

A: An experienced lawyer can guide you through the criminal justice system and obtain more favorable results for your case. The lawyers of Beito & Lengeling, P.A. will first work to get your case dismissed. If that option is unavailable, we will work on building a defense that forces prosecutors to compromise. No matter the outcome, we can help lessen the stress of facing a criminal charge and bring about a resolution that you will feel good about.

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Q: What is an arraignment or first appearance?

A: An arraignment is a preliminary hearing in a criminal case in which the Court identifies a defendant and informs that person of pending charges. Sometimes, these hearings are referred to as a first appearance.

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Q: Will I have to pay bail if I’m charged with a crime?

A: Depending on what type of charges you are facing, you might have to bail before you can be released from jail. If you are charged with a gross misdemeanor or felony, the Court must set reasonable bail or conditions of release. If you or someone you know is charged with a crime, you should contact Beito & Lengeling, P.A. regarding your bail situation. We can help get bail set, argue for reduced bail, explore alternative conditional release options or arrange for a bonding agent to help get you released.

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Q: What is an omnibus hearing?

A: The Minnesota Rules of Criminal Procedure provide for an omnibus hearing in gross misdemeanor and felony cases. The purpose of the hearing is to raise any arguments regarding violations of your constitutional rights and other related issues. If you have an omnibus hearing scheduled in your case but you are not sure about your rights, contact our office immediately to discuss your case. There are many important issues that must be raised at an omnibus hearing that will be considered waived if you fail to present them to the Court properly.

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Q: What happens at a pre-trial hearing?

A: In misdemeanor cases, the Court will schedule a pre-trial hearing for the purpose of allowing the parties to discuss settlement options or to inform the Court of any arguments that you wish to present. If you have a pre-trial hearing scheduled in your case but you are not sure about your rights, contact our office immediately to discuss your case.

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Q: Should I just enter a plea on a 1st time DWI since everyone gets the same deal anyway?

A: No! The decision to settle is always yours but simply entering a guilty plea means you will not have the opportunity to investigate your case. Most of the time the prosecutor only knows a little bit about your case based on what the arresting officer puts in the police report. A lawyer will help you tell your side of the case. At a minimum, a lawyer will help you structure your settlement in a way that considers your point of view.

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Q: What does “implied consent” mean?

A: The term “Implied Consent” refers to the aspect of a DWI prosecution whereby the government revokes your driving privileges immediately upon a test result over .08 or more. This revocation will occur automatically and you must file a petition in civil court to ask for judicial review in order to contest the revocation. The State assumes that by driving on public roadways you implicitly give your consent to providing a chemical test if you are arrested for DWI. An experienced DWI attorney can file your petition for you and raise the proper arguments to help you get your driver’s license back.

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Q: What happens to my record if I get convicted of a crime?

A: A criminal conviction will become part of your record once you enter a guilty plea or you are found guilty of a crime by a court or jury. In a DWI prosecution, the State will use any prior DWI or DWI-related driver’s license revocation during the preceding 10 years as grounds to charge you with a higher degree of DWI. Also, different sentencing provisions can impact how a conviction will affect your record. You should contact Beito & Lengeling, P.A. to discuss your case before entering a plea to any charges.

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