DWI Minnesota – Impaired Driving
DUI charges are categorized as a DWI Driving While Impaired in the state of Minnesota. An offender qualifies for a DWI charge if found to have a blood alcohol content of .10% or higher, which is .2% higher than most states. This may be the case however, an offender can be charged with DWI on multiple counts and up to four degrees of DWI violation, which are defined by each aggravating factor and it’s severity for an arrest case. A prior DWI conviction from the last 10 years counts as an aggravating factor which could add to your sentencing and violation count; a conviction with a field sobriety test of .20% and above and a driving arrest while hosting a passage of under the age of 16.
What Happens To First Time DWI Offenders in Minnesota?
A fourth degree DWI is charged to first time offenders – meaning there are no prior DWI related license revocation cases and the defendant agreed to take all chemical tests with a result of a BAC of less than .20%. A fourth degree offense is categorized as a misdemeanor with a non-minimum sentencing of up to 90 days incarceration with a fine of $1000 and license suspension of 90 days.
A first time offense with an aggravating factor can constitute to devastating sentencing parameters and is dependent on the number of aggravating elements within the prosecution and arrest detail:
- One aggravating factor will increase jail sentence of up to one year and an additional $2000 from the original fine with a probable suspension of driving license for up to six months. All arrests with attending aggravating factors are required to stay in lockup until the first court appearance.
- Two aggravating factors in an arrest will constitute for a gross misdemeanor which increases sentencing of up to one year and a fine of an additional $2000 from the original amount with a probably suspension of driving license for up to six months. . All arrests with attending aggravating factors are required to stay in lockup until the first court appearance.
- Three aggravating factors in an arrest is considered as a felony charge with up to five years imprisonment and an additional fine of $9000 plus the original $1000 with a license suspension of up to six months. The license plates of your vehicles will be impounded and the candidate may be ordered to forfeit his license. The state has the option to retain the vehicle with no financial reimbursement to you.
- The state of Minnesota practices Zero Tolerance for DUI arrests made for offenders under the age of 21. A license suspension of up to six months will be mandated if caught with any alcohol level in your blood and with the discretion of a judge may be afforded criminal penalties, tried as an adult depending on the arrest circumstance and aggravating factors that lead to the DUI charge.
Underage DWI in Minnesota
The state of Minnesota practices Zero Tolerance for DUI arrests made for offenders under the age of 21. A license suspension of up to six months will be mandated if caught with any alcohol level in your blood and with the discretion of a judge may be afforded criminal penalties, tried as an adult depending on the arrest circumstance and aggravating factors that lead to the DUI charge.
Get DUI Help: Repeat Offenses for DUI Arrests
Multiple DUI convictions leave an indelible mark on your criminal record. A conviction for DUI has long term effects with employment and governmental records and affects sentencing and fines for future DUI offenses. There are grave consequences for a DUI charge both criminally and administratively in the state of Minnesota.
The punishment for repeat DUI offenders who cause community property damage and even worse accidents which lead to bodily harm and fatality will be subject to the highest form of prosecution claim and will sentence defendants to stern criminal charges – Felony DUI which has a broader sentencing definition.
Repeat offenders, be subject to heavier criminal and administrative penalties and are discretionary to the judgment of the court and may not be clearly stated in this document because each case is affected by a different circumstance and degree of DUI arrest. As more mitigating circumstances and repeat offenses are presented, the sentencing becomes more unhindered.
Hire an experienced Minnesota DWI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for the state. There are reputable law firms with an established practice that will make a significant difference in the outcome of your Minnesota DUI charge. You can contact DUI lawyers in Minnesota either by phone or online. The first consultation is completely confidential and is normally free of charge.