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Personal Injury and Wrongful Death

DWI Penalites MN Law:
Attorney for Injury and Wrongful Death Claims

Under DWI law in Minnesota, it is a crime to do to drive, operate, or be in control of any motor vehicle anywhere in the state while:

Having an alcohol concentration of .08 (.08 means .08 percent alcohol concentration, which is 8/10,000ths by volume) or more at the time or within two hours of doing so;
Having any amount or the metabolites of a schedule I or II controlled substance, other than marijuana, in the body; or
If the vehicle is a commercial vehicle, having an alcohol concentration of .04 or more at the time or within two hours of doing so.

DWI Criminal Penalties in Minnesota

Our law firm represents people who have been hit by a drunk driver and the families of people killed by a drunk driver. Our cases are civil cases that seek compensation from the drunk driver, insurance companies, bars, restaurants and others. We also advocate for stricter criminal DWI penalties for drunk drivers, especially those who caused injury or death.

Criminal DWI penalties in Minnesota are tiered, as follows:

First-Degree DWI – felony, punishable by up to seven years’ imprisonment and a $14,000 fine (for the person’s fourth
impaired driving violation within ten years or anytime following a previous felony DWI or criminal vehicular operation conviction; other aggravating factors are not considered)
Second-Degree DWI – also a gross misdemeanor (for the person’s third impaired driving violation within ten years or second such violation with test refusal or one other aggravating factor, or first such violation with two aggravating factors)
Third-Degree DWI – a gross misdemeanor, punishable by up to one year of jail and a $3,000 fine (for the person’s second impaired driving violation within ten years or first such violation with test refusal or another aggravating factor)
Fourth-Degree DWI – misdemeanor, punishable by up to 90 days of jail and a $1,000 fine (for the person’s first impaired driving violation within ten years without test refusal or any aggravating factors)

Aggravating factors considered for the above DWI penalties include the following:

A qualified prior impaired driving incident within the preceding ten years;
An alcohol concentration of .20 or more upon arrest (but not for first-degree DWI); and
The presence of a child under age 16 in the vehicle, if more than 36 months younger than the offender (but not for first-degree
DWI).

Negligence of DWI Driver

Under Minnesota Statute, Section 169A, it is a violation of Minnesota law to drive with an alcohol concentration of .08 or more (.04 or more if a commercial vehicle driver). If someone violates this law, it is prima facie evidence of negligence in a civil case (Minnesota Statutes, Section 169.96 (2006)).

This does not mean that someone who is injured by a drunk driver will automatically win a lawsuit against the drunk driver , but it does mean that the person suing has a good case.

If the drunk driver has not been charged or convicted of drunk driving, a person injured by the drunk driver can still bring a civil lawsuit against the driver. The person suing the drunk driver may still have a good case, but evidence of the intoxication will have to be proven by a preponderance of the evidence. A good car accident lawyer will be able to present a case successfully whether there is a criminal conviction or not. To contact a Minnesota car accident lawyer at Pritzker Olsen law firm for a free consultation, please call toll-free at 1-888-377-8900 or submit the firm’s online free consultation form.

Following information about DWI penalties and MN law is provided by Pritzker Olsen law firm. Our lawyers have won millions for DWI accident victims and have appeared on CBS News, Fox News, KARE-TV, KSTP-TV and WCCO-TV. For a free consultation, please call toll-free at 1-888-377-8900 or submit the firm's online consultation form for review by an attorney.

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Settlements, Verdicts and News

Minnesota Motorcycle Accident Lawyer Wins Millions for Motorcycle Passenger

Attorney Fred Pritzker won $6,000,000 for a woman whose right leg was amputated when the motorcycle on which she was a passenger was struck by a drunk driver. Fred filed claims against the drunk driver and a bar under Minnesota's dram shop liability laws.

Bicycle Accident Wrongful Death Verdict

Attorneys Fred Pritzker and Eric Hageman won a $2,469,339 verdict in a wrongful death case on behalf of a 52-year-old female bicyclist run over by a right turning tractor-semi-trailer.

AV Preeminent Rating by Martindale-Hubbell

Attorneys Fred Pritzker and Eric Hageman have been given the highest rating by Martindale-Hubbell for attorney, AV Preeminent. An AV® certification mark is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.

Twin Cities Truck Tire Wrongful Death Verdict

Our Twin Cities law firm recently won $2,850,000 for a family whose loved one was killed by a truck tire that crashed through a car windshield. Read about a truck wheel off accident.

Tow Truck Accident in Beltrami County

Minnesota personal injury attorneys Fred Pritzker and Elliot Olsen obtained a $2,750,000 settlement for a 59 year-old truck driver who suffered a traumatic brain injury (TBI), the loss of his left eye and significant disfigurement when the tow chain being used to pull the man’s semi tractor-trailer out of a ditch broke loose from a front-end loader to which it was attached. The accident happened in Bemidji, Minnesota. This was a work injury involving a third party claim.

Semi-Truck Crash Settlement

Pritzker Olsen attorneys Fred Pritzker and Eric Hageman recently obtained a hard-fought $2,560,000 recovery for a couple who were seriously injured in a semi-truck crash. The husband suffered serious head injury (TBI). Read about the semi truck crash settlement.

Our lawyers have recovered millions more for our clients. Contact us for a free consultation about your accident.

Adjunct Teaching Position At U of M Law School

Attorney Brendan Flaherty has accepted an adjunct teaching position at the University of Minnesota Law School. For the 2011 spring semester, Flaherty will teach a course entitled "Practice and Professionalism," which will introduce students to foundational lawyering skills and professional responsibility issues.

Fred Pritzker Listed in The Best Lawyers in America

Fred Pritzker has been notified that he will again be listed in The Best Lawyers in America for his work in personal injury litigation.

Minnesota State Patrol Reports

SOUTHBOUND TOYOTA PRIUS CROSSED CENTER LINE AND STRUCK NORTHBOUND FORD ESCAPE ON HIGHWAY 15 IN WATONWAN COUNTY. THE NAME OF THE JUVENILE DRIVER OF THE PRIUS WILL NOT BE RELEASED. CRASH CAUSE IS STILL UNDER INVESTIGATION. THE DRIVER OF THE FORD ESCAPE WAS GARY FENRICH OF FAIRMONT, WHO DIED AT THE SCENE.
VEHICLE 1 SB ON 35 I, DRIVER DOSED OFF, VEARED INTO MEDIAN, STRUCK MULTIPLE MEDIAN POST ON I35 IN RICE COUNTY. VEHICLE THEN TRAVELED ACROSS SB LANES AND ROLLED 1 COMPLETE TIME INTO SB DITCH. COMING TO REST ON ITS SIDE. INJURED PASSENGERS INCLUDED RODOLFO VEGA, IVAN WALLS AND CARL EDWARDS.
A FORD LTG REAR ENDED A HONDA ACCORD ON HIGHWAY 14 IN NICOLLET COUNTY. THE DRIVERS AND TWO PASSENGERS SUSTAINED MINOR INJURIES.
A CAB-LESS JOHN DEERE FARM TRACTOR WAS EAST BOUND ON CO 27 WHEN IT WAS REAR-ENDED BY A FORD PICKUP. THE IMPACT EJECTED THE DRIVER OF THE TRACTOR ONTO ROADWAY WHERE HE WAS STRUCK BY A NISSAN PICKUP. ASSISTING WERE: SLEEPY EYE AMBULANCE AND ALLINA AMBULANCE.

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