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Charlie Rooney

Charlie Rooney

J.D. from University of St. Thomas, Magna Cum Laude

Former prosecutor for County Attorney’s Office

Clerked for the Chief Judge of Hennepin County

Eric Nelson

Eric Nelson

Attorney of the Year (Minnesota Lawyer 2022)

Named one of the TOP 40 UNDER 40 by the National Trial Lawyers' Association

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 2016, 2017, 2018, and 2019

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Debbie Lang

Debbie Lang

Top 100 National Trial Lawyers by the National Trial Lawyers' Association

Co-Editor of the Minnesota DWI Deskbook

Super Lawyer (2020-present)

Super Lawyer Rising Star (2012, 2014-2017)

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Dave Risk

Dave Risk

Super Lawyer (2014-present)

Super Lawyer Rising Star (2002, 2004, 2006, 2008-2011)

J.D. William Mitchell College of Law magna cum laude graduate

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Christina Zauhar

Christina Zauhar

Up & Coming Attorney (Minnesota Lawyer 2017)

Super Lawyer Rising Star (2017-present)

Member of Minnesota Society for Criminal Justice (2021-present)

Member of Minnesota Women Lawyers (2012-present)

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Marsh Halberg

Marsh Halberg

Top Six Criminal Defense Attorneys (Mpls/St. Paul Magazine)

Attorney of the Year (Minnesota Lawyer 2011 & 2017)

Super Lawyer (1997-Present)

Co-Editor of the Minnesota DWI Deskbook

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Lucas Dawson

Lucas Dawson

Super Lawyer Rising Star (2017-present)

Human Services Background Study Eligibility Task Force - Remedies Subcommittee Chair 2022

Human Services Background Study Eligibility Task Force Member 2021 - 2022

Requested speaker at Minnesota CLEs

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Zach Graham

Zach Graham

J.D. St. Thomas School of Law, cum laude

Licensed in Minnesota and Wisconsin

Achieved successful outcomes for clients in district court and on appeal

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HomePractice AreasQ and A - Tab Charge

‘I was issued a Tab charge for a DWI last night. My test at the station read 0.07. Will I be able to get the charges dropped? The field test read 0.091’


Answer

The field test, also known as a preliminary breath test (PBT) is not the test used to determine the charges.  The PBT is one of the field sobriety tests that an officer considers when determining if probable cause exists for an arrest.  The test at the station is that which will dictate charges.  As your result was less than the legal limit, you will not have a charge for having a blood alcohol concentration of .08 or greater as measured within two hours of driving.  However, you can still be charged with general impairment.  This offense can be charged even if a driver tests below the legal limit at the station.  It appears this is what has occurred in your situation and the State is unlikely to simply dismiss this charge.  In order for a conviction to occur, the State must prove that the alcohol consumed impaired your ability to operate the motor vehicle.  The test result is one piece of evidence that can be used by the State in an attempt to meet their burden.  Needless to say, it would be in your best interest to hire an experience law firm, such as Halberg Criminal Defense, to represent you and fight to avoid a DWI conviction. 

At HCD, our team approach puts the firm’s collective legal knowledge and experience in your corner. Our lawyers are available 24-7 — Call us at 612-DEFENSE (612-333-3673).

Contact us for a free consultation

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