Skip to main content
Question

How do I keep a DUI/DWI off my record in Minnesota?

Sponsored Answer
Gerald A. Miller - Criminal Defense: DUI/DWI - Super Lawyers

Answered by: Gerald A. Miller

Located in Minneapolis, MNGerald Miller, P.A.

Phone: 612-440-4039
Fax: 612-341-9079

View Profile
Answer

The first and best way to keep a DUI or DWI off your record is to challenge the charges. The State has to prove your guilt beyond a reasonable doubt. Not only does a prosecutor have to prove you factually guilty of the crime at a trial, but the court or judge has to agree that there were no legal problems starting with the stop of a vehicle and going forward all the way to the formal testing of a person’s breath, urine, or blood. Holding the court and the prosecutor to a defendant’s presumption of innocence is the best way to keep a DUI or DWI off of your record.

There are also ways to keep a DUI or DWI conviction off your record or reduce the charges in the event you plead guilty to a DUI or DWI. Some of these include adding language to a plea at the time of sentencing. These may include such language as “stay of imposition,” “stay of adjudication,” “continuance for dismissal,” or “continuance without prosecution.”

Even after a conviction it is possible to get a DWI or DUI off your criminal record. These processes usually require going back to court to argue the reason why a conviction should be taken off your record. An expungement is one proceeding that allows a conviction to be taken off the record and usually requires a good reason (e.g., inability to get job with DWI conviction). Another way to get a conviction off your record is by requesting a pardon from the governor or the president. Pardons are extremely rare and are unlikely for DWI or DUI convictions.

You can find more helpful facts about DWI/DUI charges on our Charges page.

Other Answers By Gerald A. Miller

Photo of Gerald A. Miller

Will I lose my CDL if I get a DUI/DWI in Minnesota?

Yes. A Commercial Driver’s License (CDL), Class A, Class B, and Class C driver’s license will be …

Sponsored answer by Gerald A. Miller

Photo of Gerald A. Miller

Will I lose my license if I get a DUI/DWI in Minnesota?

Yes. You can lose your driver’s license in Minnesota (MN) because of a conviction to a DWI or DUI. You …

Sponsored answer by Gerald A. Miller

Photo of Gerald A. Miller

Will I go to jail if I get a DUI/DWI in Minnesota?

Possibly. Every DUI or DWI carries the possibility of a jail sentence. There are general guidelines that …

Sponsored answer by Gerald A. Miller

Other Answers About DUI/DWI

Photo of John Scott Webb

Should I take a breath test if pulled over for OUI in Maine?

The short answer is yes. If a police officer pulls you over for drunk driving (called operating under the …

Sponsored answer by John Scott Webb

Photo of C. Sei-Hee Arii

Can I go to jail for a first DUI offense in Maryland?

Yes, you can go to jail for a first DUI offense in Maryland. However, in most routine situations, it is …

Sponsored answer by C. Sei-Hee Arii

Photo of Jonathan W. McConnell

Why Should I Hire A Lawyer To Defend Against A DUI Charge In Kansas?

Under Kansas law, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) or drug …

Sponsored answer by Jonathan W. McConnell

Call Me
612-440-4039

To: Gerald A. Miller

Super Lawyers: Potential Client Inquiry

Required fields are marked with an asterisk (*).

Disclaimer:

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Page Generated: 1.1133890151978 sec