Minnesota DWIs
Minnesota Chapter 169A defines Driving While Impaired as a criminal offense. If an individual ‘drive[s], operate[s]. or [is] in physical control of any motor vehicle’ while:
under the influence of alcohol or a controlled substance
an intoxicating substance that knowingly affects driving abilities
having a blood alcohol concentration (BAC) of .08 or greater; and/or,
having any amount of a Schedule I or II substance, except cannabis, present in the body.
There are four degrees of Driving While Intoxicated offenses in Minnesota. Aggravating factors are taken into consideration when determining the level of offense. Aggravating factors include prior DWI offenses within the past ten years, having a BAC of .16 or greater, and/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 Driving While Intoxicated is a misdemeanor and is charged when no aggravating factors are present. Third-Degree Driving While Intoxicated is a gross misdemeanor and is charged when one aggravating factor is present and/or the individual refuses a sobriety test. Second-Degree Driving While Intoxicated is also a gross misdemeanor and is charged when two or more aggravating factors are present. First-Degree Driving While Intoxicated is a felony offense and is charged when an individual commits a fourth DWI violation within ten years of the first DWI, has previously been convicted of a felony-level DWI, or has previously been convicted of a substance-related Criminally Vehicular Homicide.
DWI Penalties
Fourth-Degree DWIs are misdemeanor-level crimes that are punishable by up to 90 days in jail and/or a $1,000 fine.
Third- and Second-Degree DWIs are gross misdemeanor-level crimes that are punishable by up to one year in jail and a $3,000 fine. First-, Second-, and Third-Degree DWIs are where mandatory minimum sentences start potentially applying.
First-Degree DWIs are felony-level crimes that are punishable by up to seven years in prison and/or a $14,000 fine. First- and Second-Degree DWIs are where vehicle forfeiture laws kick in, allowing the prosecution to seize the vehicle used to commit the crime.
Contact a Minnesota DWI Lawyer
If you or someone you know is charged with driving while intoxicated, you need the help of an experienced attorney to help you navigate towards the best resolution possible, whether it means challenging the traffic stop, ensuring that testing devices aren’t faulty, or negotiating a favorable plea, diversionary program, or dismissal. Contact Loon Law at (612) 524-8563 today for a free DWI consultation!