First-Time DWI Defense

A First-Time DWI Does Not Have to Ruin Your Future.

It was one mistake. Our goal is to ensure it doesn’t define the rest of your life. Expert defense for first-time offenders in Olmsted County.

Good People Make Mistakes.

You are likely worried about your job, your family, and your reputation. In Rochester, we represent doctors, nurses, sales professionals, and business owners who have found themselves in the exact position you are in right now. A first-time DWI is serious, but it is manageable. With the right legal strategy, we can often mitigate the consequences and keep your record as clean as possible.

Understanding the Charges: Not All First DWIs Are the Same.

Facing a first offense can be terrifying, but building a comprehensive Rochester DWI defense strategy early on is the best way to protect your license and keep your record clean.

In Minnesota, a first-time offense is not always a simple traffic ticket. Depending on the circumstances of your arrest, you are likely facing one of two charges:

Fourth-Degree DWI (Misdemeanor)

This is the most common charge for a first offense.

The Criteria: You had a Blood Alcohol Concentration (BAC) under 0.16 and no aggravating factors (like a child in the car).
The Penalties: Maximum penalties include up to 90 days in jail and a $1,000 fine.
The Reality: Jail time is rarely executed for a standard first offense if handled correctly. The focus is usually on probation and a fine.

Third-Degree DWI (Gross Misdemeanor)

This is more serious. Even if it is your first time ever being arrested, you can be charged with a Gross Misdemeanor if aggravating factors are present.

The Criteria: Your BAC was 0.16 or higher (double the legal limit), OR you refused the breath test, OR you had a child in the vehicle.
The Penalties: Maximum penalties rise to 364 days in jail and a $3,000 fine.
The Risk: Gross Misdemeanors carry higher bail amounts and stricter mandatory penalties. This charge requires an aggressive defense strategy to protect your freedom.

Will I Go to Jail?

This is the number one question we hear.

For a standard Fourth-Degree DWI, jail time is not required under the law. It is important for the client to take the process seriously for the best outcome.

For a Third-Degree (High Test) DWI, the State may push harder. However, our goal is to negotiate alternatives such as electronic home monitoring or community service to keep you working and at home with your family.

It’s Not Just About the Court Date.

As a professional, you are worried about more than just the fine. Our team understands the “Collateral Consequences” that come with a conviction:

We don’t just look at the police report; we look at who you are and what you stand to lose. We craft our arguments to minimize the impact on your career.

Employment Background Checks:

How will a misdemeanor vs. a gross misdemeanor look to future employers?

Professional Licenses:

Nursing boards, medical boards, and other licensing bodies have specific reporting requirements for DWI.

Insurance Rates:

A conviction will spike your premiums.

How We Defend First-Time Cases. We do not simply plead you guilty. We analyze the evidence for flaws:

The Stop: Did the Rochester police or State Patrol have a valid legal reason to pull you over?

The Field Sobriety Tests: Were the HGN walk-and-turn or one-leg stand tests administered correctly according to NHTSA standards?

The Chemical Test: Was the Breathalyzer calibrated? Was the blood sample handled correctly?

If the state’s case is weak, we fight for a dismissal. If the evidence is strong, we negotiate for a plea that protects your long-term future.

Our Hundreds of 5 Star Reviews Say It All

I am incredibly thankful for the support and guidance Tom and his team gave me during my case. They treated me with respect, explained everything clearly, and genuinely cared about the outcome. I couldn’t have asked for better representation

Kohlmeyer Hagen Law is a firm that truly does seek the best possible outcome for its clients. Taylor Burnett and Chris Cain really put their all into my case, not to mention the reassurance and relief they provided along the way. They were professional and thorough through and through. If I could leave a 6-star review for this establishment, I would. Thank you, Kohlmeyer Hagen Law!

I was very confused about how to proceed with my license. I’m very glad I came across this firm. They guided me with what I needed to do and went the extra mile.