A Careful Review Of Every Stage Of Your Arrest
White Bear Lake DWI Defense Attorney
A DWI accusation can develop in a matter of minutes and create consequences that last much longer. Whether the arrest followed a traffic stop, a crash or an officer’s approach to a parked vehicle, the government must be able to justify its actions and support the charge with admissible evidence.
I am attorney Charles Gerlach. I represent people accused of DWI in White Bear Lake, Ramsey County and surrounding communities. My perspective comes from more than 25 years in criminal law, more than two decades of work as a prosecutor and more than 100 completed jury trials.
Call Gerlach Law at 952-210-5538 or contact me online for a free consultation.
Do Not Assume A DWI Case Is Automatic
Drivers sometimes believe there is nothing to examine once an officer reports signs of impairment or a chemical test produces a number. In reality, a DWI case is a sequence of events. Each stage may raise questions:
- Why did the officer stop the vehicle or initiate contact?
- What did the officer observe, and what alternative explanations exist?
- How were field sobriety exercises demonstrated and administered?
- Was the arrest supported by probable cause?
- Were required procedures followed before and during chemical testing?
- Was the equipment functioning properly?
- Do squad and body-camera recordings match the written report?
A weakness at one stage may affect evidence gathered later. That is why I review the full progression rather than focusing only on the final test result.
Your Criminal Case And Driving Privileges
A DWI may produce both a criminal prosecution and an administrative license matter. The criminal case addresses whether you committed an offense and what sentence may follow a conviction. The administrative process concerns your driving privileges and can move on a separate schedule.
Depending on the facts and prior history, you may have options involving review of the license action, limited driving privileges or ignition interlock. Deadlines can apply, so save every document and obtain legal advice promptly.
Factors That Can Increase The Seriousness Of A DWI
Minnesota DWI charges are not all treated alike. The state may allege aggravating circumstances based on prior qualified incidents, the reported alcohol concentration or the presence of a child in the vehicle. An injury crash, refusal allegation or claimed violation of a driving restriction can also complicate a case.
I examine the current evidence and the claimed prior history. The fact that a prior event appears on a record does not eliminate the need to determine how it legally affects the present charge.
Practical Counsel From An Experienced Trial Lawyer
My work as a former prosecutor helps me anticipate how the state may view a White Bear Lake DWI case. My trial experience helps me evaluate whether the evidence is likely to withstand a challenge. Just as importantly, I explain the process so that you can make decisions based on the facts rather than fear.
A strong result can mean different things in different cases. It may involve suppression of evidence, dismissal, a reduced charge, manageable conditions, protection of driving privileges or a trial. I will give you a candid assessment and prepare carefully for the path we choose.
Speak With A White Bear Lake DWI Lawyer
Write down what you remember about the stop and testing process, but do not post about the arrest or attempt to explain it to potential witnesses. Follow all release conditions and verify that you are legally permitted to drive before getting behind the wheel.
Call 952-210-5538 or schedule a free consultation with Gerlach Law. I represent clients from White Bear Lake and throughout the northeast metro.
Frequently Asked Questions
Can I be charged with DWI if I was not driving when police arrived?
Minnesota DWI cases can involve allegations that a person was driving, operating or in physical control of a vehicle. Whether the state can prove that element depends on facts such as where you were, the location of the keys and other evidence.
Are field sobriety tests the same as a chemical test?
No. Roadside exercises are generally used as part of an officer’s investigation. Breath, blood or urine testing involves separate procedures and produces chemical-test evidence. Both portions of the investigation may require review.
Can a first DWI still affect my job?
Yes. Employment consequences may be especially important for commercial drivers, people who drive for work and licensed professionals. Tell your attorney about your occupation so those concerns can be considered when developing a strategy.