What To Expect When Faced With DWI In Minnesota
Facing a Driving While Intoxicated (DWI) charge in Minnesota can be a fearsome and daunting challenge. For many people, a DWI is their first encounter with law enforcement. As a result, many people are overwhelmed and afraid of what comes next. Is jail time a possibility? What about the driver’s license? A criminal defense attorney can help you through the various procedures and consequences that would otherwise be difficult.
What is a DWI?
DWI is when an individual drives with a blood-alcohol concentration (BAC) of .08 or more, at the time of the stop or within two hours of the stop. Commercial Driver’s License holders can be charged and convicted of a DWI with a BAC of .04 or more at the time of the stop or within two hours of the stop. Additionally, individuals can be charged with DWI if they are impaired by a controlled substance, including Schedule I and II substances, other than cannabis. You can be charged with a DWI even if you are ‘sleeping it off’ in the backseat. Drivers can also be charged with a DWI if they refuse a chemical test of their breath, blood, or urine when an officer has probable cause to believe the driver was driving under the influence. All Minnesota DWI laws also apply to motorized recreational vehicles, such as ATVs, snowmobiles, other all-terrain or off-road vehicles, motorboats, jet skis, and other motorized watercraft.
Possible criminal penalties resulting from DWI
The penalties for a DWI conviction in Minnesota vary greatly based on the BAC level at the time of the offense and whether any aggravating factors were present. Aggravating factors include: prior impaired driving incidents within the past ten years, a BAC of .16 or greater, or having a child under the age of 16 in the vehicle at the time of the offense, if the child is more than 36 months younger than the offender.
Fourth-Degree DWI - A fourth-degree DWI in Minnesota is considered a misdemeanor and is charged when there are no aggravating factors present and no failure/refusal to submit to a chemical test. Misdemeanors in Minnesota are punishable by up to 90 days in jail and/or up to a $1,000 fine.
Third-Degree DWI - A third-degree DWI in Minnesota is considered a gross misdemeanor and is charged when there was either a failure/refusal to submit to a chemical test or one aggravating factor was present at the time of the offense. Gross misdemeanors in Minnesota are punishable by up to one year in jail and/or a $1,000 fine.
Second-Degree DWI - A second-degree DWI in Minnesota is also considered a gross misdemeanor and is charged when there was: (1) a failure/refusal to submit to a chemical test and one aggravating factor present at the time of offense or (2) two aggravating factors present at the time of offense. Gross misdemeanors in Minnesota are punishable by up to one year in jail and/or a $1,000 fine.
First-Degree DWI - A first-degree DWI in Minnesota is considered a felony and is charged when: (1) the individual has been convicted of three previous impaired driving incidents within ten years prior to offense, (2) the individual has previously been convicted of a first-degree DWI, or (3) the individual has previously been convicted of a Criminal Vehicular Operation/Criminal Vehicular Homicide offense. Felonies in Minnesota are punishable by a year or more in prison and/or up to a $50,000 fine.
What happens to your license?
There will likely be several adverse consequences that happen to your driving privilege, depending on the severity of offense. A license can be revoked, cancelled, or suspended when an officer having probable cause to believe that you are driving while impaired and either:
(1) you refuse to submit to a chemical test of your breath, blood, or urine, or;
(2) you submit to a chemical test of your breath, blood, or urine, and it indicates a BAC of .08 or greater, or impairment of another controlled/intoxicating substance that isn’t marijuana.
Refusal to submit to a chemical test
If you fail to submit to a chemical test of your breath, blood, or urine, your license will be suspended immediately under Minnesota Statutes 169A.51 & 169A.52. In Minnesota, driving is a privilege and part of that privilege is that you have given your implied consent to chemical testing when an officer has probable cause to believe that you are driving under the influence. Failure or refusal to submit to the test leads to an automatic license suspension.
One-Year Revocation - Your license will be revoked for one year if you have no prior impaired driving incidents on record and refuse to submit to testing.
Two-Year Revocation - Your license will be revoked for two years if you have one other prior impaired driving incident on record within the last ten years, or two impaired driving incidents in your lifetime, and refuse to submit to testing.
Three-Year Revocation - Your license will be revoked for three years if you have two other prior impaired driving incidents within the last ten years, or three impaired driving incidents in your lifetime, and refuse to submit to testing.
Four-Year Revocation - Your license will be revoked for four years if you have three other prior impaired driving incidents within the last ten years and refuse to submit to testing.
Six-Year Revocation - Your license will be revoked for six years if you have four or more other prior impaired driving incidents in your lifetime and refuse to submit to testing.
DWI-related license revocation/suspension/cancellation
Whether your license will be revoked, suspended, or cancelled and the amount of time the revocation/suspension/cancellation will be in effect varies based on how high your BAC was when driving and the amount of previous DWIs on your record.
First-Time DWI - If you are 21 or older and are caught driving with a BAC of between .08 and .15, your license will be revoked for 90 days. If you are under 21, your license will be revoked for 180 days. If you are caught driving with a BAC of .16 or greater, your license will be revoked for one year, no matter your age.
Second-Time DWI - For a second DWI within ten years, your license will be revoked for one year if your BAC is over .08 and under .16, and two years if your BAC is .16 or greater. For a second DWI in your lifetime not within a ten year time period, your license will be revoked for one year.
Third-Time DWI - If you have three DWIs within ten years of the first, your license is cancelled and denied for three years. If you have three DWIs in your lifetime that are not within a ten year time period, your license is revoked for one year.
Fourth -Time DWI - For a fourth DWI within ten years of the first, your license is cancelled and denied for four years. If you have four DWIs in your lifetime that are not within a ten year time period, your license is revoked for three years.
Fifth Time DWI - For a fifth or more DWI within any amount of time, your license is cancelled and denied for six years.
Courses of Action
When faced with a DWI charge, your best course of action is to retain a criminal defense attorney who knows the criminal justice system. From guiding you through the process from start to finish and fighting for your interests, a criminal defense attorney is your best bet to help you minimize the costs and other penalties associated with a DWI charge. An attorney will also be able to help you through the process to get your license back. Contact Loon Law today for a free consultation to see how we can help if you’re faced with a DWI.