Minnesota DUI Penalties

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If you have been charged with driving while intoxicated, don’t plead guilty! Whether your DWI charge involves allegations of drugged or drunk driving, or an underage DWI, you can find the powerhouse defense you need at Brockton D. Hunter P.A. We may even be able to help you request expungement so that your DWI arrest and conviction can be sealed from public view. You have options. We may be able to help you keep your record clean and save your driver’s license.

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Criminal Penalties for DWI in Minnesota

1st Degree DWI

There are several circumstances when you could be charged with a first degree DWI, such as if you have been convicted of a crime within the last 10 years, convicted of a prior felony DWI, or convicted of vehicular homicide.

A first degree DWI is a serious offense that comes with serious consequences. If charged, you could face up to 7 years in jail and/or pay a fine of up to $14,000.

2nd Degree DWI

There are two instances in which you could be charged with a second degree DWI: Committing two or more aggravating factors, or committing a single aggravating factor plus refusing to submit to a chemical test under Minnesota’s Implied Consent Law.

Aggravating factors for a charge of driving while intoxicated include: a prior DWI incident with the past 10 years, an alcohol concentration of 0.16, and having a child under the age of 16 in the motor vehicle at time of offense.

A second degree DWI is a gross misdemeanor that could result in long-term monitoring or a jail sentence of up to one year.

3rd Degree DWI

You could be charged with a third degree DWI if one of the two following circumstances occurs: One aggravating factor is involved, or refusal to submit to a chemical test under Minnesota’s Implied Consent Law.

A third degree DWI can lead to long-term monitoring or up to one year in jail.

4th Degree DWI

This misdemeanor charge is for a violation of Minnesota’s Driving While Impaired Statute. There is no mandatory minimum sentence for a fourth degree DWI.

A sentence could include 1-2 years of probation and/or a $300-500 fine. You may also be ordered to substance abuse treatment and attend a MADD (Mothers’ Against Drunk Driving) Victim Impact Panel.

Administrative DWI Penalties in Minnesota

“Administrative penalties” are carried out by the Minnesota Department of Public Safety to provide immediate punishment. These penalties are administered upon or after a DWI arrest, which means they are separate from the criminal penalties given after conviction.

If a person’s BAC was under .16, a 4th degree DWI (or first offense) is punishable by a maximum 90-day driver’s license suspension period. A 3rd degree DWI (or second offense) can lead to driver’s license suspension for up to one year.

A 2nd degree DWI (or third offense) can result in the cancellation of your driver’s license—or three years after using an ignition interlock device (IID) without detected use of alcohol and/or drugs. A 1st degree DWI (or fourth offense) is punishable by the cancellation of your driver’s license—or up to six years after using an IID without detected use of alcohol and/or drugs.

Minnesota Implied Consent Laws

Minnesota has complex Implied Consent laws. Essentially, if a police officer suspects that a driver is impaired by drugs or alcohol, that driver is required to submit to a chemical test (breath, blood, or urine test). Refusing to do so is a crime.

Upon failing or refusing a chemical test, your driver’s license will be revoked and you may have to attend a criminal hearing. In order to protect your rights, you need a DWI defense lawyer who can guide you through both the criminal and civil sides of the DWI case, helping you avoid jail while also helping you regain your license.

Defense You Need from Our Minnesota DWI Lawyers

You have to act now if you want to save your license. You also need time on your side for the criminal case, as the prosecutor has already has evidence gathered against you. Start working with proven defense lawyers in Minneapolis today.