In Minnesota, a person may be charged with a DUI/DWI even if they have not been observed driving. Individuals can be arrested in their own homes because the police may believe they had driven under the influence in the past. So what is the best defense to a charge like this?
DWI defense is unique. Not only are DWI charges defendable, but they are also winnable. Especially if an individual is arrested in their own home. In some cases, the “post-driving consumption defense” is the common route a defendant goes down.
Post-driving alcohol consumption is a common affirmative defense to DWI crimes. If a defendant can prove that they were consuming alcohol after the time of driving or being in control of a vehicle, and the drinking caused their blood alcohol content to be above the legal limit (.08), they may avail this defense.
How Does Post-Driving Alcohol Consumption Defense Work?
The defendant who is facing DWI charges in the situation described above must provide as much evidence as possible. They need to prove they consumed alcohol after operating a vehicle. They must show what was consumed, where it was consumed, and how much was consumed. This can be in the form of bars and homes where the defendant drank at. Of course, witnesses are crucial in verifying the event.
DWI crimes can be defendable in Minnesota, especially if a Post-Driving Consumption case. OF course, if you have any questions relating to MN DWI charges, contact an experienced criminal defense and expungement attorney.