Driving While Intoxicated
Getting a DWI in Minnesota is a very serious matter. The penalties for a drunken driving charge in MN depend on the seriousness of the offense and the number of aggravating factors. The lowest level DWI is a fourth degree misdemeanor which carries a maximum penalty of a $1,000 fine and/or 90 days in jail. A third degree DWI charge becomes a gross misdemeanor which carries a maximum penalty of a $3,000 fine and/or one year in jail. A second degree DWI is also a gross misdemeanor and carries the same penalties as a third degree. A first degree DWI is a felony offense and carries a maximum penalty of seven years of incarceration and/or a $14,000 fine.
The distinction between the degrees of the charge depends heavily on the number of aggravating factors involved. A fourth degree DWI generally has no aggravating factors and therefore carries the most leniencies. A third degree DWI has one aggravating factor which can include things like a prior impaired driving incident within ten years of the date of the new offense, a blood alcohol concentration of .20 or more as measured at the time (or within two hours of driving, operating or being in physical control of a motor vehicle), and the presence of a child under the age of 16 in the vehicle if the child is more than 36 months younger than the offender. Two aggravating factors with a DWI increases the charge to a second degree offense. First degree, the most serious DWI charge, can be given when there are three aggravating factors involved.
Apart from the criminal penalties that may arise from a DWI conviction, Minnesota law provides for three administrative sanctions that commence immediately upon arrest. The first is administrative license revocation. Whenever the implied consent law is invoked during the arrest process, the person's driving privileges can be revoked immediately following any test failure or test refusal. The person is given a seven-day temporary license to drive before the revocation becomes effective. The period of license revocation is as follows: 90 days for a person with no qualified prior impaired driving incident within the past ten years and no other aggravating factor was present in the current incident. This is reduced to 30 days if the person is convicted and has no prior implied consent revocations or DWI convictions. Six months if the person is under the age of 21 at the time of the offense. 180 days if the person has had a prior qualified impaired driving incident within ten years of the date of the present offense. These penalties double if the person tests .20 or more or while having a child under the age of 16 in the vehicle. One year if the person refused to submit to the evidentiary chemical test of blood, breath, or urine. This can be reduced to 90 days if the person is convicted of DWI or Test Refusal and had no prior implied consent revocations or DWI convictions.
A license can be cancelled and denied indefinitely pending an abstinence period of at least one year and rehabilitation for a third or more impaired driving violation within a ten year period or a fourth violation on record.
When an individual has to deal with charges this serious which can include loss of license and time in jail it can cause job loss and make it extremely difficult to find future employment. When faced with such serious challenges and consequences a person facing a DWI charge should seek legal advice immediately.
About the Author
Criminal defense attorneys Beito & Lengeling specialize in white collar crime including embezzlement, bank fraud and medical fraud in Minneapolis MN.
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