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Woodbury DWI Lawyer

If you have been charged with drunk driving (sometimes called DUI), it is important to speak to a lawyer as soon as possible. Contact me, DWI defense attorney Justin Schiks.
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Criminal Defense

Woodbury DWI Lawyer

As an experienced Woodbury DUI & DWI lawyer, I know there are multiple ways to challenge a DWI charge. I will explore the options best suited to defend your case.

My firm defends people accused of DUI & DWI felony and misdemeanor crimes near Woodbury-St. Paul area and throughout Minnesota with office locations in Eagan, Edina, and Roseville.

In Minnesota and throughout the nation, the penalties for drunk driving and driving while impaired have become increasingly severe.

Authorities have been cracking down on the enforcement of drunk driving laws, resulting in more arrests and DWI charges in criminal courts.


What is DWI/DUI in Minnesota?


If you’re convicted of driving while impaired (DWI) or drunk driving  (DUI) you could face fines, court costs, license revocation, mandatory alcohol education, probation, and/or jail time.

A DWI conviction can result in higher insurance costs or loss of insurance.

Even a first-time DWI on your record can prevent you from getting a job or keeping your professional license in Minnesota.


What are DWI charges in Woodbury, MN?


At JS Defense, P.A., our Top Rated Woodbury DWI Lawyer defends the rights of those facing DUI & DWI charges.

We know that good people near Woodbury-St. Paul, and throughout Minnesota make mistakes or can be falsely arrested for drunk driving offenses they did not commit.

No matter what circumstances led to your arrest, you need the best DWI defense from an experienced Woodbury DUI & DWI law firm.

We provide the best defense against all drunk driving charges, including:


Penalties for a DUI & DWI in Woodbury, MN


The penalties for a DWI vary depending on different factors, including a defendant’s blood alcohol concentration (BAC) and whether they have prior DWI convictions on their record. Possible maximum penalties include:

  • First offense with BAC under 0.16 = $1,000 fine and 90 days in jail
  • First offense with BAC over 0.16 = $3,000 fine and one year in jail
  • Second offense with BAC under 0.16 = $1,000 fine and 90 days in jail
  • Second offense with BAC over 0.16 = $3,000 fine and one year in jail
  • Third offense with any BAC = $3,000 fine and one year in jail

For the fourth offense within ten years, you can face a felony DWI charge, and a conviction means a possible seven years in state prison and fines up to $14,000.

If you refuse a breath test, you can face additional charges that might result in one year in jail and $3,000 in fines.

In addition to the above court-ordered penalties, a DWI can put your driver’s license and driving privileges in jeopardy.

And without your License, you might lose a job if it requires a driver’s license, or you might not be eligible for future jobs that require a clean record.

Overall, the penalties for a DWI conviction can be harsh, and unrepresented defendants often receive a more severe sentence than those with a Woodbury, MN DWI lawyer handling their cases.

You want the best DWI defense from the start to avoid a conviction on your record whenever possible.


Defense against DUI & DWI criminal penalties and administrative sanctions


Effective drunk driving defense proceeds on two levels. JS Defense, Top Rated Woodbury, MN DWI Lawyer will fight the criminal case against you while also working to avoid a mandatory license suspension, so as to preserve your right to drive.

You have the right to challenge the mandatory suspension of your driver’s license.

However, you must file this challenge within 30 days from the date of the notice of driver’s license revocation.

Do not assume that you will be convicted as charged because you blew 0.08 or higher for your blood alcohol concentration.

We will determine whether the officer who administered the test was properly trained and whether the unit used to gather evidence was properly calibrated.

If the correct procedure was not followed in any aspect of the case, I will work to get the charges dropped, and your case dismissed.


Other charges that can accompany DUI & DWI cases


DWI charges do not always stand alone, and one defendant might face more charges stemming from their DWI arrest. Some charges that might accompany a DWI case include:


The DUI & DWI Defense Process


There are many steps to the DUI & DWI process, including:

  1. Review the circumstances of your arrest to determine whether police officers violated your constitutional rights.
  2. Examining any breath tests or field sobriety tests to identify any errors in test administration or processing.
  3. This might call BAC results into question.
  4. Presenting any available legal defenses.
  5. Calling the prosecutor’s evidence into question to see if we can get your charges dropped.
  6. Negotiating with prosecutors to obtain the most favorable plea deal possible, which might involve reduced charges or penalties in exchange for a guilty plea.
  7. Helping you decide whether to plead guilty or fight your charges at trial. If you decide to go to trial, we will represent and defend you in court in front of a judge or jury.

We represent you at every court hearing and provide advice throughout the entire DWI defense process.

Never try to navigate the criminal justice system alone.


Contact JS Defense Woodbury, MN DUI & DWI Lawyer


When you are facing DWI charges near Woodbury-St. Paul area, please call the office of Woodbury DUI & DWI Lawyer Justin M. Schiks at 651-362-9426 for a free consultation.

JS Defense is available 24/7 to take your call, reach out for a free consultation as soon as you can following an arrest or DUI & DWI charge near Woodbury-St. Paul area and throughout Minnesota.



When you are facing DWI charges near Woodbury-St. Paul area, please call the office of Woodbury DUI & DWI Lawyer Justin M. Schiks at 651-362-9426 for a free consultation.

JS Defense is available 24/7 to take your call, reach out for a free consultation as soon as you can following an arrest or DUI & DWI charge near Woodbury-St. Paul area and throughout Minnesota.

The duration of a DUI on your record in Minnesota depends on various factors, including the severity of the offense and any prior DUI convictions. Generally, a DUI can stay on your record for a significant period of time, affecting your personal and professional life.

First-time DUI Offense

If it’s your first-time DUI offense in Minnesota, a conviction will remain on your record for ten years. During this period, the DUI conviction can be accessed by employers, insurance companies, and even the general public. It is worth noting that the Minnesota Department of Public Safety keeps a record of all DUI offenses, regardless of whether they occurred within the state or in other jurisdictions.

Subsequent DUI Offenses

If you have previous DUI convictions and are charged with another DUI offense in Minnesota, the consequences become more severe. The duration that subsequent DUI offenses stay on your record depends on the number of prior convictions and the time frame in which they occurred.

  • Second DUI Offense: If you are convicted of a second DUI offense within ten years of your first DUI conviction, the offense will remain on your record indefinitely. This means that employers, insurance companies, and others will have access to this information indefinitely.
  • Third and Subsequent DUI Offenses: If you are convicted of a third or subsequent DUI offense within ten years, the offense will also remain on your record indefinitely, with the same implications as a second offense.

Driving while impaired refers to the act of operating a motor vehicle while under the influence of alcohol, drugs, or any substance that impairs the driver’s physical or mental abilities.

In Minnesota, the legal blood alcohol concentration (BAC) limit for driving is 0.08%. If your BAC is at or above this limit, you are considered to be driving while impaired. It’s important to note that this limit applies to all drivers, regardless of age or experience. If you are under 21 years old, the limit is even lower, at 0.02%, and for commercial drivers, it is 0.04%.

However, it’s not just alcohol that can impair your ability to drive safely. Minnesota law also prohibits driving while under the influence of drugs, whether they are illegal substances or prescription medications. If a substance impairs your ability to operate a vehicle safely, you can be charged with driving while impaired, regardless of the specific drug involved.

Minnesota law does allow for jail time for first-time DUI offenders, although it is not mandatory for all cases. The decision to impose jail time depends on various factors, including the level of your BAC, presence of aggravating factors, and any previous DUI convictions.

Having a high BAC level at the time of arrest, typically above 0.16, increases the likelihood of facing jail time for a first DUI offense. While Minnesota has a minimum mandatory jail sentence for repeat DUI offenders, the court has discretion in determining the appropriate penalties for first-time offenders. However, a high BAC level signals a higher potential danger to public safety, which may lead to a more severe sentence.

Aggravating factors such as causing an accident, property damage, causing injury or death, or having a minor in the vehicle can also increase the likelihood of jail time. These factors demonstrate a higher degree of recklessness, which will prompt the court to impose harsher penalties.

There is no predetermined bail amount, though the law does set maximum bail amounts for misdemeanor charges. Bail is decided on a case-by-case basis. Several factors are taken into consideration. Some of the most prominent factors include:

  • Severity of the offense
  • Prior criminal record
  • Flight risk
  • Community ties

After being arrested for a DUI, you will typically have a bail hearing. During this hearing, the court will consider the factors discussed earlier to determine the appropriate bail amount.

Once the bail amount is set, you have the option of paying it in full or seeking assistance from a bail bond company. If you can not pay the entire amount, a bail bond company can secure your release by paying the bail amount on your behalf for a fee, usually around 10% of the total bail amount.

In addition to paying the bail, you may be required to adhere to certain conditions set by the court. These conditions could include attending mandatory counseling, abstaining from alcohol consumption, or regular check-ins with a probation officer.

In Minnesota, you may be charged with criminal vehicular operation. The severity of the charges depends on factors such as the extent of injuries, property damage, and any prior DUI convictions. There is a greater possibility of facing jail time or harsher penalties if a DUI charge involves an accident with injuries or death.

Apart from the criminal charges, you may also face civil liability for the damages caused in the accident. This means that you can be held financially responsible for the medical expenses, property damage, and other losses incurred by the other party involved in the accident.

Getting in an accident while drunk can have far-reaching consequences, including the following.

Personal Injuries

The most immediate consequence of a drunk driving accident is the potential for being sued for a personal injury.

License Suspension

If you’re involved in a drunk driving accident, your driver’s license may be suspended or revoked. The length of the suspension will depend on several factors, including the severity of the accident, any previous DUI convictions, and whether you caused injuries or fatalities.

Increased Insurance Premiums

Insurance companies consider drunk driving accidents as high-risk behavior, and as a result, they will raise your rates significantly.

Reputation Damage

A drunk driving accident can also have a lasting impact on your personal and professional reputation. News of the accident may spread in your community or workplace, leading to strained relationships and potential damage to your career.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Justin M. Schiks who has more than 20 years of legal experience as a personal injury attorney.

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At JS Defense: Minnesota Criminal Defense Lawyer, you are not just one of the many. We pride ourselves on our availability for our clients. Our firm is regionally and nationally recognized in the legal community as delivering an aggressive defense for each and every client, no matter how serious the case. If it matters to you, it matters to us!

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