Hiring a DUI Lawyer in Minnesota
What a first DUI can cost in Minnesota, how criminal lawyers charge, your right to a public defender, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Minnesota: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | OLPR says most routine fee disputes are best resolved outside the discipline system, and that fee arbitration is a relatively fast and simple way to resolve them; call the Minnesota State Bar Association at (612) 333-1183 for your local fee arbitration committee. A clearly illegal or grossly excessive fee can lead to discipline. |
| If a lawyer takes your money | The Minnesota Client Security Board's fund can reimburse losses of money or property caused by a Minnesota lawyer's dishonesty (such as theft) in an attorney-client or related fiduciary relationship for a Minnesota matter; negligence, malpractice and fee disputes are not covered. The maximum the Board may pay on a claim is $150,000. File within five years of when you knew or should have known of the dishonest conduct. There is no charge to make a claim. |
Minnesota rules to know first
| First-offense DUI penalties | A first DWI without aggravating factors is fourth-degree DWI, a misdemeanor punishable by up to 90 days in jail, a $1,000 fine, or both. For a test failure with no prior incidents in 20 years, the license is revoked for at least 90 days (at least 180 days if under 21 and below twice the legal limit; at least 1 year at twice the legal limit or more). The DVS manual says the revocation may be 30 days with a guilty plea, a work permit is not available until 15 days have passed (and not at 0.16 or above), and ignition interlock is optional for first offenders. Reinstatement after an alcohol-related revocation costs $680. Aggravating factors (a prior incident within 10 years, BAC of 0.16 or more, or a child under 16 in the vehicle) raise the degree of the offense. |
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| Refusing a breath test | A driver an officer has probable cause to believe is impaired must submit to a blood, breath or urine test; refusing is a crime. Refusal with no qualified prior impaired driving incident in the past 20 years results in a license revocation of at least one year; with a prior incident, revocation lasts until the person completes the required ignition interlock period. The DVS manual says refusal leads to revocation of one to six years depending on the number of offenses. |
| Hardship license | DVS may issue a limited license during some suspensions or revocations, once mandatory waiting periods are met. It allows driving only for work, chemical dependency treatment or counseling, and school. Only one limited license is allowed in a 24-month period. For DWI/implied consent, a limited license is available for a first offense on record (or a second with the first more than 10 years old) only if the test was 0.15 or below or the person refused the test. |
Find and check a lawyer
| Lawyer referral service | The Minnesota State Bar Association offers MN Find a Lawyer, a free online directory of attorneys searchable by practice area and location, and points people to Minnesota Lawyer Referral, "a non-profit public service of the Hennepin and Ramsey County Bar Associations." Minnesota Lawyer Referral offers guided assistance from referral counselors by phone or online self-referral to vetted attorneys (mainly in the Twin Cities metro area) in more than 40 practice areas: "Get a 30-minute consultation for $30 or less." Phone 612-752-6699; hours Monday-Thursday 9 a.m.-4 p.m., Friday 9 a.m.-3 p.m. MN Unbundled connects people statewide with attorneys for brief tasks. MSBA public page: https://mnbars.org/?pg=Public |
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| Check that the lawyer is licensed | The Office of Lawyers Professional Responsibility (OLPR) Lawyer Search shows whether a Minnesota-licensed lawyer has received public discipline, has been placed on disability inactive status in lieu of discipline, or has a public discipline petition pending; court actions appear the next business day. Private discipline, dismissed and pending complaints are not public. For general licensing information (registration status), OLPR directs users to the Minnesota Lawyer Registration Database Search (MARS). |
| Check discipline history or file a complaint | Complaints about Minnesota lawyers go to the Office of Lawyers Professional Responsibility. File with the online form or mail a printed form to OLPR, Minnesota Judicial Center, Suite 105, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155. Describe events in order with dates and send photocopies, not originals (documents are scanned and shredded). The lawyer will receive your complaint, and if it becomes a public discipline case your complaint becomes part of the public record. Phone: 651-296-3952 or 1-800-657-3601. Disciplinary history request: https://olpr.mncourts.gov/lawyer-resources/disciplinary-history-request/ |
Free legal help
| Free legal aid | Minnesota's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Anishinabe Legal Services, Central Minnesota Legal Services, Justice North and Southern Minnesota Regional Legal Services. |
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All legal help in Minnesota · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.