DWI defense

A DWI charge is a fight. Fight it. Deeply experienced and widely respected, Minneapolis defense attorney Thomas E. Harmon V successfully defends clients facing DUI / DWI charges in both Minnesota and federal courts.

A DWI arrest moves fast. So does the damage — unless you act first.

A DWI charge in Minnesota puts your license, your job, and your freedom at risk — sometimes within hours of the arrest. The charge feels final. It’s not. Thomas E. Harmon V has successfully advocated for people charged with DWI and DUI offenses for more than two decades, and he has a particular track record with felony DWI cases.

That outcome takes an attorney who knows the law and how to argue it.

Meet Thomas
Meet Thomas

25+ years fighting DWI charges in Minnesota courts

Thomas has represented clients facing DWI charges at every level — from first-offense misdemeanors to felony enhancements. His track record in reducing prison-range sentences to probation reflects a depth of knowledge that makes a real difference at sentencing.

110+

Jury trials taken to verdict

Felony DWI

Prison sentences reduced to probation

Both Sides

Former prosecutor who knows how the government builds its case

Putting forward a strong DWI defense

The government has to prove every step of a DWI case — that the stop was legal, that there was a good reason to administer field sobriety tests, that those tests were done correctly, and that the breath test result is reliable.

Every one of those steps can be challenged.

Thomas starts there.

For clients facing felony DWI charges where prison is the likely outcome, the defense goes beyond the courtroom. Thomas builds a detailed case for why probation is the right sentence — presenting the judge with a complete picture of the client’s life, circumstances, and potential.

  • Police need a specific, articulable reason to pull you over. If they didn’t have one, the stop was unconstitutional — and everything found during it, including the breath test, may be thrown out.

    If the stop is unlawful, everything that follows — the field sobriety tests, the arrest, the chemical test — may be suppressed.

  • Officers need independent evidence of impairment before they can administer field sobriety tests. The smell of alcohol alone is often not enough.

  • These tests — the eye test, the walk-and-turn, the one-leg stand — must follow strict national protocols. Errors in how they’re administered make the results unreliable and open to challenge.

  • The Intoxilyzer machine must be properly maintained and calibrated, and the officer must be certified to use it. Thomas examines maintenance logs, calibration records, and officer credentials to challenge results that don’t hold up.

  • These must be collected, stored, and analyzed following strict procedures. A break in that chain can compromise the result.

  • If you were in a parked car, Thomas examines the specific facts — where the keys were, whether the engine was running, where you were sitting — to challenge whether you were actually in “physical control” under Minnesota law (Minn. Stat. § 169A.20, subd. 1).

  • When sentencing guidelines point to prison for a felony DWI, Thomas builds a formal argument for why probation is the better outcome — using the Minnesota Sentencing Guidelines § 2.D.3 and the specific facts of the client’s situation.

  • Yes. You have the right to challenge your license revocation in court (Minn. Stat. § 169A.53). Thomas files these petitions promptly and argues the legal basis for reinstatement.

Trusted.

  • His legal writing and litigation skills are unparalleled. Several cases resulted in a dismissal after Mr. Harmon put the state to task. If I were accused of a crime, I would call Mr. Harmon.

    Caleb Munce, Investigator

  • You fought for me and showed that you cared about my future. Knowing that I had someone like you in my corner gave me peace of mind during a time when I felt overwhelmed and uncertain. The impact you had on my life will not be forgotten.

    —Montreal, Client

  • Thomas is an indefatigable advocate for his clients. When you find yourself involved in the court system, and your future is uncertain, he is the kind of attorney you want in your corner.

    Mark Devaraj, Attorney

  • He went above and beyond anyone’s expectations, especially mine, and he got my charges dismissed. I wish there were more defense attorneys like Mr. Harmon. I know I'm not the only one who deserves a dismissal.

    —Maria, Client

  • He’s not just skilled at the law; he’s unafraid to litigate aggressively when necessary. Working with him, I was confident that the client’s interests were being protected by someone who genuinely cared about the outcome and had the expertise to deliver results.

    —Jeff Benson, Attorney

  • Mr. Harmon's work ethic and strategic thinking are qualities that stood out among the other attorneys I have worked with. He’s an attorney who advocates for his clients while treating each with dignity and respect.

    Britney Dugan, Investigator

  • Thomas Harmon treated my case with seriousness, professionalism, and genuine care. His knowledge of criminal law and courtroom strategy was clear from day one, and thanks to his hard work and dedication, my case was resolved in my favor.

    James, Client

  • Thomas Harmon is a fierce advocate for his clients. He has decades of trial experience, which translates to great results for his clients- either through negotiating the best resolution possible or litigating vigorously. Thomas communicates in a way that clients and jurors understand.

    Caroline Hicks, Attorney

  • Thomas Harmon’s rich resume in criminal law, combined with his astute legal insights, gives his clients every possible advantage. Thomas fights for each client with all his impressive legal skills to get them the best result.

    Sarah Walter, Attorney

DWI / DUI charges Thomas defends

Minnesota’s DWI laws create a tiered structure based on prior convictions and aggravating factors — from a first-offense misdemeanor to a felony carrying up to seven years in prison. Thomas defends clients at every level.

  • Felony (Minn. Stat. § 169A.24)

    Three or more prior DWI convictions within 10 years, or one prior felony DWI. Up to seven years in prison.

  • Two aggravating factors (Minn. Stat. § 169A.25)

    Gross misdemeanor. Up to one year in jail.

  • One aggravating factor (Minn. Stat. § 169A.26)

    Gross misdemeanor. Aggravating factors include a prior DWI within 10 years, a blood alcohol level of .16 or higher, or a child in the vehicle.

  • First offense, no aggravating factors (Minn. Stat. § 169A.27)

    Misdemeanor. Up to 90 days in jail.

  • Physical control (Minn. Stat. § 169A.20, subd. 1)

    Being in control of a parked vehicle while impaired.

  • (Minn. Stat. § 169A.33)

    Zero tolerance for drivers under 21. Any detectable amount of alcohol is a violation.

  • (Minn. Stat. § 169A.20, subd. 2)

    Lower legal limit of .04 for CDL holders. Career-ending consequences.

  • (Minn. Stat. § 169A.20, subd. 2)

    Refusal is itself a crime — and makes the charge worse.

Trying to be responsible by sleeping it off in your car?

You can still be arrested for a DWI in Minnesota.

This surprises most people. Under Minnesota law (Minn. Stat. § 169A.20, subd. 1), you can be charged with a DWI for simply being in “physical control” of a vehicle while impaired — even if it’s parked, the engine is off, and you have no intention of driving. Sitting in the driver’s seat with the keys nearby is enough.

Courts look at the full picture: where the keys were, whether the engine was running, where you were seated, and whether the car was drivable.

These are specific, contestable facts — and Thomas evaluates every physical control case for grounds to challenge the charge.

What a DWI conviction can actually cost you

A DWI conviction in Minnesota goes far beyond a fine. It can affect your license, your job, your insurance, and your freedom — and because DWI is an enhanceable offense, each conviction makes the next one more serious.

  • From 90 days for a first-offense misdemeanor to seven years for a felony under Minn. Stat. § 169A.24.

    Felony sentences follow the Minnesota Sentencing Guidelines.

  • Mandatory under Minn. Stat. § 169A.52.

    • First offenses: 90-day revocation

    • Felony DWI: multi-year revocation

  • Reinstatement often requires an ignition interlock device installed in your vehicle — at your cost — under Minn. Stat. § 169A.55, subd. 4.

  • A DWI conviction requires a chemical use assessment and compliance with any recommended treatment before your license can be reinstated (Minn. Stat. § 169A.70).

  • In felony cases and cases with aggravating factors, your vehicle can be seized under Minn. Stat. § 169A.63.

  • SR-22 insurance requirements, elevated premiums, surcharges, and reinstatement fees create lasting financial consequences.

  • A felony DWI conviction is permanent. CDL holders lose their commercial license. Security clearances and professional licenses can be affected.

  • Under Minn. Stat. § 169A.09, a prior DWI within 10 years is a “qualifying prior” that elevates the degree of any new DWI charge. Three priors within 10 years triggers a felony automatically.

Request a free consultation.

Get an assessment of your case from a criminal defense lawyer with deep experience in both Minnesota and federal courts. Connect with Harmon Law for a consultation and find out where you stand.