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Breath test indicates MN man had .303 BAC

In Minnesota, the drunk driving laws are written so that the harshest penalties are  reserved for drivers who are convicted multiple times and whose blood-alcohol content is shown to be especially high. A man who was recently arrested on suspicion of DWI in Anoka is now facing some of those steeper consequences.

On the afternoon of June 1, police in Anoka received a call from a witness who said that a pickup truck was swerving on the road and that the driver might be impaired. Officers responded to the call and stopped the driver. Police claim to have observed empty beer bottles on the floor of the truck and an open container of beer in the console.

Allegedly, the driver did not cooperate with police, and he was identified through fingerprinting. Police also claim that the man wasn't able to do any field sobriety tests.

Police administered a Breathalyzer test, which indicated a blood-alcohol content of .303 percent. The state's legal limit for drivers is .08 percent. Two hours after the initial call, a subsequent test indicated a blood-alcohol content of .23 percent.

It was determined that the man had two prior DWI incidents and a misdemeanor DWI conviction in 2011, making this his fourth DWI arrest. The 39-year-old now faces two counts of first-degree DWI, which is a felony in Minnesota. Each count carries a possible seven years in jail and fines of up to $14,000.

Clearly, the consequences of a repeat DWI conviction are severe, but everyone accused of drunk driving has a right to fight the charge and seek a favorable outcome. Options range from challenging the legitimacy of the prosecution's evidence to negotiating for lesser sentencing that promotes rehabilitation. A DWI defense attorney can develop a defense strategy that is best for your particular situation. 

Source: ABC Eyewitness News, "Police: Man Arrested in Spring Lake Park after Breathalyzer Showed .30 BAC," Jennie Olson, June 9, 2014

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