At the end of the day, there is no other criminal offense comparable to a DWI in which people from all walks of life face the possibility of facing criminal charges at some point in their lives. In Minnesota, a relatively small amount of alcohol can result in a person being “over the limit” for DWI or DUI laws, regardless of how careful they are.
If you or a member of your family faces the possibility of being prosecuted for DWI in Minnesota, it is essential that you have a basic understanding of the different levels of DWI charges that can be filed. Armed with this knowledge, you will be better able to comprehend your situation or that of a family member who has been charged with DWI.
The Importance Of Hiring A DWI Lawyer In Minnesota
Before considering the different levels of DWI charges, it is imperative that you understand that the information provided here cannot replace an experienced, reputable, reliable, and devoted Minnesota DWI attorney. In a DWI case, the only way to ensure that your rights will be protected and that your interests will be fully asserted is to retain a competent Minnesota DWI attorney.
In this regard, the DWI attorneys at Ambrose Law are prepared to provide you with the tenacious defense you need in any type of DWI case. In addition to reviewing the information and resources provided for your general consideration on this website, we encourage you to contact our firm directly to schedule an initial consultation today.
Minnesota’s Driving While Intoxicated Statute
In Minnesota, there are four levels or degrees of DWI charges.In our discussion of these four types of DWI offenses, the levels of intoxication are presented from least to most severe.
Fourth-Grade DWI
A DWI of the fourth degree is a misdemeanor. A person may be charged with and convicted of a fourth-degree DWI if he or she has not been convicted of a driving while impaired offense within the preceding ten years. In addition, a person charged with this level of DWI must have consented to an Intoxilyzer or blood or urine test. In addition, there must be no aggravating circumstances associated with the arrest. A person convicted of DWI in the fourth degree is subject to up to 90 days in jail and a $1,000 fine.
Third-Grade DWI
A DWI of the third degree is a gross misdemeanor. A person can be charged with and convicted of a third-degree DWI if they have one prior conviction for driving while impaired within the past 10 years. A person can also be charged with this level of DWI if he or she refuses to submit to an Intoxilyzer or blood or urine test as directed by the officer. A person can be charged with DWI in the third degree if one of the various aggravating factors is present. A person convicted of DWI in the third degree faces up to one year in jail, a maximum fine of $3,000, and often a mandatory minimum jail sentence.
Second-Degree DWI
A second-degree DWI is a gross misdemeanor. A person can be charged with and convicted of a second-degree DWI if they have two prior convictions for driving while impaired within the past 10 years. Additionally, a person can be charged with this level of DWI if he or she has a prior conviction within the past ten years and refuses to submit to an Intoxilyzer or blood or urine test. A person can be charged with DWI of the second degree if he or she refuses to take the tests mentioned a moment ago and if one of the numerous aggravating factors is present. Lastly, a person can be charged with DWI in the second degree if two aggravating circumstances exist. A second-degree DWI conviction carries a maximum sentence of one year in jail and a maximum fine of $3,000. The police and prosecutor have the authority to seize the vehicle used in the commission of a second-degree DWI, but this can be challenged.
First-Degree DWI
A DWI in the first degree is a felony. A person can be charged with and convicted of a first-degree DWI if they have three prior incidents of driving while impaired within the previous ten years. A person can also be charged with and convicted of DWI in the first degree if he or she has ever been charged with a prior felony or DWI in the first degree. A person can be charged with and convicted of DWI in the first degree if they have been convicted of criminal vehicular operation in the past. In cases of DWI of the first degree, additional aggravating factors are not taken into account. A person convicted of DWI in the first degree faces up to seven years in prison and a maximum fine of $14,000. First-degree DWI charges also allow the police and prosecutor to seize the vehicle used to commit the offense, although this can be contested.