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Main office located in Stillwater, Minnesota

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Thole Law Firm | A Criminal Defense Law Firm
Thole Law Firm | A Criminal Defense Law Firm

Former Prosecutor Serving Minnesota And Wisconsin Since 1992

Get A Former Prosecutor On Your Side After Drunk Driving Charges

If you have been charged with drunk driving or were stopped on I-94 for suspected drunk driving, you may feel tempted to handle your own defense. However, a conviction for driving under the influence (DUI) can lead to heavy fines, the loss of your driver’s license and perhaps even jail time.

If you or your child is facing DUI charges, put an experienced criminal defense lawyer on your side. At Thole Law Firm, attorney Eric Thole represents clients in Washington County and the surrounding areas of Minnesota and Wisconsin facing serious criminal charges. He understands what’s at stake – and he will put his experience to work to protect your rights and future.

Understanding Minnesota DWI And Wisconsin OWI Laws 

Minnesota refers to impaired driving offenses as DWI (driving while impaired), while Wisconsin uses OWI (operating while intoxicated). Despite the different terminology, the laws on driving while under the influence of alcohol or drugs are the same:

  • The legal blood alcohol content (BAC) limit for standard drivers in both states is .08%.
  • Commercial drivers face a stricter limit of .04% BAC.
  • Both states have zero tolerance laws for drivers under 21 years of age, which means driving under the influence – no matter the amount – can result in charges.

Both states also have implied consent laws. This means that when you drive, you implicitly agree to submit to chemical testing when lawfully arrested for a DUI or OWI. You have the right to refuse testing. However, there may be consequences. 

In Minnesota, refusing testing may lead to an automatic license revocation for one to six years and potential criminal charges. The exact penalty can vary depending on any prior offenses and aggravating factors surrounding the charge or arrest. In Wisconsin, the consequences of refusal include automatic license revocation for one to three years. The refusal may count as a prior offense for sentencing purposes. There may also be increased penalties for any previous OWIs.

The Consequences Of A DUI/OWI Conviction

Getting a DUI or OWI for the first time can have serious consequences. Minnesota courts treat it as a criminal misdemeanor. A person may:

  • Spend up to 90 days in jail
  • Face fines up to $1,000
  • Have their driver’s license revoked for 90 days or longer if their BAC is over .16%

In Wisconsin, it is a civil offense. Fines range from $150 to $300, and one’s license might be revoked for six to nine months. Jail time usually isn’t given unless there are other serious factors.

Minnesota offers programs that might reduce charges if a person can complete certain requirements, while Wisconsin has similar programs and special OWI courts. Both states also allow the use of ignition interlock devices, which can help you get your license back sooner.

However, take note that penalties get tougher with each repeat offense. Minnesota looks at your record over the past 10 years for most penalties but considers all past offenses for felony charges. In Wisconsin, courts consider all past offenses with no look-back period. A DUI/OWI conviction can leave a lasting impact, so it’s crucial to work with an experienced criminal defense attorney if you are facing charges.

Skilled, Aggressive Defense Against DUI/DWI/OUI Charges In The Stillwater Area

Washington County DUI defense attorney Eric Thole takes immediate action to defend your rights against drunk driving charges. He will examine all evidence in your case to determine if:

  • Police had probable cause to stop you in the first place: He will challenge any constitutional violations through suppression motions that could dismiss evidence from an illegal stop.
  • Authorities properly administered field sobriety tests: He will review officer certification, environmental factors, your physical limitations and whether the police provided proper instructions.
  • The breathalyzer was properly calibrated: It must also have accurate logs, administered by certified operators following mandatory observation periods and free from radio frequency interference or medical condition impacts such as GERD or diabetes that could cause false positives.

All of these factors can be important in having your charges reduced or dismissed. As a former prosecutor for Washington County, attorney Thole is likely familiar with the prosecutor handling your case. He is well-respected for his honest, ethical and dedicated representation. He is always fully prepared to defend your rights in court if matters proceed to a trial.

Get A Free Consultation Today

You can trust attorney Thole’s experience and agility in handling your case effectively. Contact his office at any time by calling 651-300-7389 for a free initial consultation. You can also send your questions or concerns through this online form.

Evening and weekend appointments | Credit cards accepted | Free initial consultations | Jail visits available