DWI Defense Edina MN | What Are the Penalties For Driving While Intoxicated In Minnesota?
Minnesota law treats drinking and driving very seriously. The penalties for a first offense DWI (driving while intoxicated) can include up to 90 days in jail, fines of $1,000 or more, and mandatory participation in an alcohol education program. If you have been arrested for drunk driving in Minnesota, it is critical that you seek legal representation as soon as possible. DWI Defense Edina MN
First Offense DWI
Many first-time DWI offenders are surprised to learn that, in Minnesota, DWI is a misdemeanor—not a felony. If you’re convicted of your first DUI charge (or multiple charges in the same 12-month period), you could be facing up to 90 days in jail and/or up to $1,000 in fines. However, more serious punishments may be possible depending on the circumstances surrounding your arrest. For example:
- If there was a child under age 16 present in the vehicle at the time of your arrest for drunk driving, then you can be charged with felony third-degree driving while intoxicated (DWI). This charge carries up to five years in prison and/or up to $10,000 in fines; it also requires mandatory alcohol treatment classes as well as installation of an ignition interlock device on any vehicle registered under your name for at least three years after completing probation or parole terms associated with this offense.
- If there were any other people present who were not family members when they got into contact with either themselves or anyone else while they were intoxicated on drugs or alcohol during their ride home from somewhere else before getting behind their wheel again without having taken any precautions like calling someone else first then waiting calmly until they arrived safely before attempting anything else such as driving off again immediately after dropping off those friends/family members safely back home again (like leaving them there themselves instead).
Second Offense DWI
If you are charged with a second offense DWI, the penalties will be severe. You can expect to receive anywhere from 30 days to five years in prison and up to $14,000 in fines.
If your case goes to trial, your attorney may be able to defend against a second offense DWI by showing that you did not have enough alcohol in your system to be considered “intoxicated” or “under the influence” as defined by Minnesota law. If this is true, then there would have been no way for the officer who pulled you over on suspicion of drunk driving to know this at the time they stopped you—which means that arresting and charging you would have been unjustified.
If it appears as though there is any chance that your case could result in charges against both first degree manslaughter and second degree manslaughter because one person died while another survived their injuries (as was likely if both were hit by someone who was drinking), then do everything possible now so that when it comes time for sentencing later on down the road there will only ever be one conviction on record.
Third Offense DWI Defense Edina MN
If you are convicted of a third offense, you face a felony charge and the possibility of up to five years in prison. You may also be required to pay fines that amount up to $10,000.
Fourth Offense DWI
If you’re convicted of Fourth Offense DWI, you face:
- A minimum of 90 days in jail or a maximum of 9 months.
- A fine between $1,000 and $3,000.
- Probation for up to 5 years (and up to 7 years if your license was revoked or suspended).
You may be able to apply for a restricted driver’s license after serving 30 days in jail or completing 50 hours of community service, but only if the conviction is your fourth violation within seven years and isn’t related to alcohol abuse or substance abuse treatment programs.
Implied Consent (Refusing a test) DWI Defense Edina MN
Minnesota’s implied consent law means that when you drive on Minnesota roads, you agree to a chemical test if suspected of drunk driving. Refusing the test is subject to a fine and license suspension. Taking the test is also subject to a fine and license suspension.
Gross Misdemeanor/Felony DWI Defense Edina MN
A gross misdemeanor DWI is the lowest level of felony in Minnesota. This charge comes with a maximum sentence of one year in jail, $3,000 in fines, and a 90-day suspension of your driver’s license. A felony DWI is a much more serious crime that can result in five years in prison (in addition to fines). You’ll also have to give up your license for three years on top of this punishment.
- If you’re convicted of driving under the influence (DUI) and it’s your first offense, the court may decide not to issue any penalties at all—or they could require you to pay a fine as part of an alternative sentencing program such as traffic school or community service hours instead.
Minnesota law treats drinking and driving very seriously.
The legal consequences for drinking and driving are severe. If you’re convicted of DUI, you could face jail time, fines, probation and license suspension. The penalties will depend on the severity of your case and whether you have prior offenses.
In Minnesota law treats drinking and driving very seriously. If you drive while intoxicated (DWI), it’s illegal to operate any motor vehicle with a blood alcohol content of 0.08% or more in your system. This includes all types of vehicles—cars, trucks, motorcycles—and applies whether you have an ignition interlock device installed on your vehicle or not!
Conclusion
Minnesota law treats drinking and driving very seriously. If you are caught driving under the influence of alcohol or drugs, you could face serious criminal charges.
Contact Lauren Campoli, the top criminal trial lawyer in Edina MN, now to learn more about our legal defense services, or if you’ve been charged with a crime.