“Don’t talk to the police without a lawyer.” Generally, the best piece of advice a person can follow when interacting with law enforcement. After all, the Sixth Amendment guarantees the right to counsel and you have the right to not incriminate yourself under the Fifth Amendment. But when do these rights attach during a DWI…

Short answer: yes. Longer answer: it depends on where your DWI happened, whether you have prior DWIs, what your alcohol concentration was, whether there were kids in the car, if you refused the test, among other circumstances. Most 4th Degree DWI cases do not result in jail time in Minnesota, although they are misdemeanor offenses…

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