DWI Lawyer in Edina, MN

Get DWI Lawyer in Edina

The City of Edina has the second highest number of DWI arrests in the State of Minnesota according to statistics released for 2017. In 2017, police arrested 476 people for suspected DWI in Edina. With its population of 51,000 residents, Edina has the highest percentage of DWI arrests per capita in the state. The Star Tribune reports that the number of Edina DWI arrests have been steadily climbing each year. In 2017, the Minnesota State Patrol arrested approximately 30 people for DWI in Edina while the Edina Police Department conducted most of the other DWI arrests. In fact, the Minnesota Department of Public Safety reports that a single Edina police officer accounted for 136 DWI arrests in 2017, which is the second highest of any officer in the state. This officer along with three other Edina officers were recognized by Minnesota DPS as “DWI Enforcer All-Stars” for 2017.

If you’re facing a DWI charge in Edina, you should consult with Jay Carey. He has extensive experience defending clients arrested for suspected DWI in Edina. He would be glad to discuss with you how he can put his 18 years of experience to help you in your case.

DWI Process in Edina

The Leach Law Office prosecutes misdemeanor and gross misdemeanor DWI offenses occurring in Edina. These DWI offenses include misdemeanor Fourth Degree DWI and the gross misdemeanor offenses of Third Degree Test Refusal, Third Degree DWI, Second Degree DWI, and Second Degree Test Refusal. These cases are scheduled for court at the Ridgedale Service Center in Minnetonka on Thursday mornings.

The Hennepin County Attorney’s Office prosecutes all felony DWI offenses occurring in Edina. A felony DWI constitutes First Degree DWI or First Degree Test Refusal. The Hennepin County Attorney’s Office also prosecutes all felony level cases of Criminal Vehicular Homicide and Criminal Vehicular Operation , which include DWI incidents resulting in death, great bodily harm, or substantial bodily harm. Needless to say, felony DWI charges are very serious. The first court appearance for a felony DWI offense occurs in the Public Safety Facility in downtown Minneapolis. Generally, these appearances are weekdays at 1:30 p.m. The Public Safety Facility is the main jail facility for detaining people upon arrest in Hennepin County.

Law Enforcement Agencies in Edina

The law enforcement agencies who arrest drivers in Edina for DWI include the Edina Police Department, Minnesota State Patrol, and Hennepin County Sheriff’s Office. Occasionally, suburban police agencies may arrest drivers in Edina for DWI while performing special increased DWI enforcement assignments across the county.

The Cost of a DWI in Edina

Law enforcement in Edina is serious about enforcing Minnesota’s DWI laws. The average cost of a DWI in Edina is substantial.

A first-time offense of misdemeanor Fourth Degree DWI is punishable by up to 90 days in jail and a $1,000 fine. The minimum fine for Fourth Degree DWI is $300 plus a surcharge of $78, although the court may impose a lower fine based on financial hardship. The court typically will require someone convicted of Fourth Degree DWI to attend an education program provided by Hennepin County Probation, which costs approximately $385.

DWIs with aggravating factors constitute the gross misdemeanor offenses of Third Degree Test Refusal, Third Degree DWI, Second Degree DWI, and Second Degree Test Refusal. These offenses are punishable by up to one year in jail and $3,000 fine. A second or third DWI offense within 10 years triggers mandatory sentences of 30 days to serve for a second offense and 90 days to serve for a third offense. In each case, executed time to serve can exceed the mandatory minimum sentences depending on the facts of the case. Having a defense lawyer often is essential to negotiating more leniency in sentencing.

For gross misdemeanor DWI offenses, the minimum fine is $900 plus a surcharge of approximately $100, but the court often imposes a lower fine based on the financial circumstances of the defendant. Typically, a person is ordered to complete an educational or treatment program if convicted of gross misdemeanor DWI. The cost of educational classes ranges from approximately $385 to $450, and the cost of in-patient and out-patient treatment can be substantial — even with comprehensive health insurance coverage. Hennepin County probation also will charge a person a fee to be on probation. The current fee for Hennepin County is $300 for gross misdemeanor offenses.

If a person is sentenced to serve time at the Adult Correctional Facility in Plymouth (the “Workhouse”), the person will be charged approximately $20 per day for work release privileges. If a person is sentenced to serve time on Electronic Home Monitoring (“EHM” or “house arrest”), a person will be charged $20 per day unless the person qualifies for a reduction in the fee based on financial hardship.

Felony DWI is defined as a fourth DWI incident within 10 years or the commission of a DWI by anyone previously convicted of felony DWI. The maximum penalty for felony DWI is 7 years imprisonment and a fine of $14,000. The minimum sentence for felony DWI is 36 months pursuant to Minnesota Sentencing Guidelines. However, the 36-month prison sentence can be stayed by the court if the defendant does not have a prior felony DWI conviction and has less than three criminal history points. If the prison sentence is stayed, the mandatory sentence to jail is 180 days of local confinement. Thus, felony DWI is very serious, and any charged with felony DWI should seek legal counsel promptly.

Minnesota DPS also charges a number of fees for drivers accused of DWI. They include:

$680 Driver License Reinstatement Fee
$50 for Whiskey Plates
Approximately $100 per month for Ignition Interlock, with $100 for installation and $50 for removal

Contact Us

If you have been arrested for DWI in Edina, please contact Jay Carey for a free, in-depth consultation. Jay has defended over 50 DWI cases occurring in Edina. He would be glad to discuss your case with you. Don’t wait until it’s too late to protect your rights.