The streets of downtown Minneapolis were recently alive with green, celebrating St. Patrick’s Day with a parade that brought cheer to many before the late-season snowstorm. Holidays and celebrations like these are a cherished part of our community fabric in Minnesota. They are times for friends and family to gather and enjoy themselves. However, these festive periods also see a significant increase in law enforcement presence on our roads, specifically looking for impaired drivers. A momentary lapse in judgment after a celebration can quickly lead to long-term legal consequences. This reality was highlighted recently in a case involving a name familiar to all Minnesota football fans.
Just this month, former Minnesota Viking Adrian Peterson was sentenced for a DWI charge stemming from an incident in Richfield. According to reports, he was stopped for driving 78 mph in a 45 mph zone. Following the stop, he was arrested for driving while impaired. This case serves as a powerful reminder that no one is above the law and that the consequences of a DWI in Minnesota are serious and multifaceted. Mr. Peterson’s sentence for this misdemeanor conviction included one year of probation (but it could have been up to 2-years), a fine, community service, and the possibility of entering the ignition interlock device program (IIDP) during his license revocation.
Let’s break down what a sentence like this actually means. A probationary period requires supervision (by probation or by the Court depending on circumstances) and conditions you must follow to the letter, or you risk even harsher penalties, including jail time. Fines and community service add financial and time-consuming burdens. Perhaps most impactful is the possibility of entering the IIDP. This device, installed in your vehicle at your own expense, requires you to provide a breath sample before the car will start. It’s a constant, daily reminder of your conviction that impacts your privacy and freedom of movement. (In the Peterson case it was optional, but in many cases, it is not only mandatory, but it can require you to be on the machine for 10-years!!).
Furthermore, the circumstances of the initial stop are critical. In the Peterson case, the high rate of speed was a key factor. In Minnesota law, certain elements can elevate the severity of a DWI charge. These are known as “aggravating factors.” While speeding itself isn’t a statutory aggravating factor that automatically increases the charge from a misdemeanor to a gross misdemeanor, it certainly doesn’t help your case and can influence the prosecutor’s and judge’s decisions during sentencing. Official aggravating factors include having a prior DWI within 10 years, having a blood alcohol concentration (BAC) of .16 or more, or having a child under 16 in the vehicle. The presence of any of these factors can dramatically increase the potential penalties, including mandatory jail time and longer license revocation or cancellation periods.
The Adrian Peterson case underscores a vital point: a DWI charge can happen to anyone, regardless of their status or success. The legal system is complex and unforgiving, and navigating it without expert guidance is a significant risk. A DWI conviction is not just a traffic ticket; it’s a criminal record that can affect your employment, your insurance rates, and your reputation for years to come.
If you find yourself facing a DWI charge, it is not the end of the road. An arrest is not a conviction. A skilled criminal defense attorney who specializes in Minnesota DWI law can meticulously review every detail of your case. Was the traffic stop lawful? Were the field sobriety tests administered correctly? Was the breathalyzer properly calibrated and maintained? These are not just procedural details; they can be the foundation of a strong defense. An experienced attorney can challenge the evidence against you, negotiate with the prosecution, and fight to protect your rights, your license, and your future.
As you enjoy the many wonderful events and seasons Minnesota has to offer, always prioritize safety. But if a mistake is made, remember that you have rights. The most important step you can take is to secure legal representation from an attorney who understands the intricacies of DWI defense.
Sources:
https://www.startribune.com/st-patricks-day-parade-downtown-minneapolis/601598127
The information presented in this article is not considered legal advice. Please contact our law office to speak to an attorney about your case.