Minnesota Felony DWI
In Minnesota, your arrest for driving
under the influence means you’ll
face two different cases. One is a criminal
case where you’ll face criminal
charges for driving under the influence.
If you are convicted, you will face criminal
penalties that include fines, probation,
alcohol counseling, and possible jail
time. The second case is an administrative
case where the driver’s license
agency will want to suspend your license
for a period of time determined by the
number of DUI offenses on your record
and the laws concerning driving under
the influence. Both of these cases can
negatively change your life if you are
unable to defend yourself. If you have
refused to take a chemical test, you will
also face additional criminal charges
since refusal is a separate criminal offense
in Minnesota. If you have accumulated
several DWI offenses in Minnesota, you
may face Minnesota felony DWI charges
against you. This is very serious, so
you need to face these charges head-on
and consult a DWI attorney for help.
Criminal Penalties for Misdemeanor
DWI and Minnesota Felony DWI
If you are convicted of a DWI offense
in the state of Minnesota, there are a
number of penalties that can be imposed.
A first DWI offense can result in up to
90 days of jail time, fines, mandatory
participation in alcohol education programs,
and driver’s license suspension
or revocation. Aggravating factors may
change the charge from a misdemeanor to
a gross misdemeanor. In this happens,
the penalties can be up to one year of
jail time and a fine of $3,000. A second
DWI conviction in the state of Minnesota
is also classified as a gross misdemeanor
and carries the same penalties of up to
one year in jail and a fine of $3,000.
A third DWI conviction will result in
jail time and fines as well as vehicle
impoundment and alcohol abuse evaluation
because of the serious nature of the crime.
Minnesota felony DWI occurs when you accumulate
a fourth DWI offense in Minnesota. The
penalties for this very serious offense
include three years in prison and fines
of no less than $14,000.
The penalties imposed if you are convicted
of DWI will be based on a number of circumstances
considered by the judge. Aggravating factors
may include having more than one conviction
in a 10-year timeframe, having a BAC level
of twice the legal limit, and having a
minor in the vehicle with you while you
are committing a DWI offense. A first
degree DWI is charged when three or more
aggravating factors exist in a DWI case.
This DUI offense is classified as a felony
and may result in penalties of up to five
years in jail and $10,000 in fines. Second
degree DWI offenses are considered to
be gross misdemeanors and may result in
up to one year in jail and a $3,000 fine.
The court may also take away the offender’s
license plates or have the vehicle impounded
or forfeiter. A third degree DUI offense
is charged if only one aggravating factor
was involved or if the driver of the vehicle
refused chemical testing. Penalties can
include one year of jail time and up to
$3,000 in fines. If no aggravating factors
exist, then the DWI is considered to be
a fourth degree offense. This is a misdemeanor
and has lesser penalties of 90 days in
jail and smaller fines. Finding a DWI
attorney to handle your case is important,
especially if you are charged with Minnesota
felony DWI.
Administrative Penalties for
Misdemeanor & Minnesota Felony DWI
If you have a second or subsequent DWI
offense within a five-year period, the
license suspension period is at least
one year. You can even have your license
permanently revoked if you continue to
accumulate offenses. If you are to have
any chance of getting your privileges
back, you need to prove that you have
been rehabilitated. Depending on your
number of convictions, you may be eligible
for a work license during your suspension.
This restricted license would allow you
to drive to and from work and any other
necessary locations. Getting this restricted
license requires you to pay a reinstatement
fee, pay a reapplication fee, have an
interview with a Driver Evaluator, and
take and pass a DWI driver’s test.
The person administering the interview
will decide if you are eligible for a
restricted license and will also decide
what the limitations on this license will
be. Having an attorney defend you can
help you get your license back sooner
so you can go about your life.
