Minneapolis DWI/DUI Defense Lawyer

Before you just give up and plead guilty think about all of the possible defenses that could apply in your case.

Constitutional Defenses
The Constitution is the supreme law of the land.  Successfully asserting a constitutional defense can dramatically affect the outcome of your case.

Constitutional defenses place strict limits on the way the government can investigate, prosecute and punish criminal conduct.

Administrative Defenses
It’s not easy to prove someone is guilty beyond a reasonable doubt, especially in something as subjective as a DWI case. After all, you have a “presumption of innocence” and there are a lot of administrative rules designed to insure that the evidence collected by the state is accurate, reliable and legally admissible. When these administrative rules are violated, you have an “administrative defense.”

Procedural Defenses
Understanding how defenses work comes with experience. The state has collected a lot of evidence to use against you but they may have made a lot of procedural mistakes along the way.  An experienced defense attorney who understands procedural rules can point out the states mistakes as part of your defense.

Equitable Defenses
Sometimes there is no “legal defense.” When that happens its important to try and mitigate your sentence and any potential damages. You don’t deserve to get the maximum sentence and you don’t deserve to be treated like a criminal. You need some to present some positive evidence and you need to present your side of the case in the best possible light.

Here are 74 possible defenses to a charge of DWI/DUI, or Over .08. Are any of them applicable in your case?

  1. Defective prior pleas
  2. Denied independent test
  3. Not the driver
  4. Not in physical control
  5. Not under the influence
  6. Emergency Situations
  7. Foreign substance in mouth
  8. Burp immediately prior to test
  9. Improper observation period
  10. Improper calibration
  11. Improper machine maintenance
  12. Improper simulator solution
  13. Intoxilyzer operator not certified
  14. Intoxilyzer radio interference
  15. Source code non-disclosure
  16. Improper field sobriety test
  17. No Miranda warning
  18. Blowing too hard
  19. Prosecutor witness problems
  20. Diabetic condition
  21. Crowded court calendars
  22. No Implied Consent Warning
  23. Right to a fair trial
  24. Right to exclude illegal evidence
  25. Right to bail
  26. Illegally admissions and confessions
  27. Improper Stop
  28. Improper seizure
  29. Improper search
  30. Right to procedural due process
  31. Right to due process
  32. Right to a speedy trial
  33. Right to a jury trial
  34. Right to presumption of innocence
  35. Proof beyond reasonable doubt
  36. Right to remain silent
  37. Right to subpoena witnesses
  38. Right to counsel
  39. Dismissal for delay (Rule 6.06)
  40. Right to a speedy trial (Rule 6.06)
  41. Right to release (Rule 6.02)
  42. Right to disclosure (Rule 9)
  43. Disclosure of evidence
  44. Notice of bad acts (Rule 7)
  45. Notice of criminal record
  46. Right to evidentiary hearing
  47. Right to probable cause hearing
  48. Right to procedural  hearing
  49. Notice of relationship issues
  50. Notice of identification evidence
  51. Notice of state’s exhibits
  52. Notice of state’s witnesses
  53. Notice of admissions (Rule 9)
  54. Notice of informants (Rule 9)
  55. Right to depose (Rule 21)
  56. Right to release (Rule 4)
  57. Right to a public defender
  58. Prosecutors duty of disclosure
  59. Motion to dismiss (Rules 10)
  60. Motion to suppress
  61. Right to exclude witnesses
  62. Right to subpoena witnesses
  63. Right to subpoena documents
  64. Right to Appeal
  65. Offering non-legal justification
  66. Supplying an alternative disposition
  67. Demonstrating rehabilitation
  68. Character evidence
  69. Community involvement
  70. Charitable and civil service
  71. Military service
  72. Personal financial issues
  73. Personal family issues
  74. Health issues


At the McKee Law Firm we try to present an equitable defense in every case. There are always two sides to every story and telling your side in the best possible way is important. In DWI cases inexperienced lawyers sometimes get caught up in all of the legal or technical issues and they forget that what happens in court will affect their client’s lives for years to come. Contact us to speak with an experienced Minneapolis DWI defense lawyer today!