Nicole’s Client Avoids Lengthy Sentence for Fourth Lifetime DWI
Nicole’s client was stopped by police in Hopkins, Hennepin County, after an officer observed him leave a bar, get in his car, fail to turn his lights on, and run a stop sign. After the officer smelled alcohol and Nicole’s client refused to perform field sobriety tests, a roadside preliminary breath test (PBT), or an official breath test at the police station, he was charged with Second Degree Refusal to Submit to a Breath Test and Third Degree Driving While Impaired. In both cases, there was an aggravating factor present, because he had a previous DWI conviction within ten years. Additionally, he had two more DWI convictions that were outside the ten year enhancement period.
The prosecutor was asking the court for extra jail time because of the priors outside of ten years. However, despite this being his fourth DWI, Nicole was able to successfully convince the judge to minimize the jail time. The judge sentenced her client to only 15 days in jail followed by 25 days electronic home monitoring, both with work release.