Are First Time DWIs Really that Big of a Deal? In a Word, Yes.
As a former prosecutor and criminal defense attorney with decades of experience here in Minnesota courtrooms, I’ve received a version of this call countless times in the last 20 years:
“Jack, I’m kind of in trouble. I was arrested for a DWI. I don’t know what to do. Can I just pay a fine and make this go away?”
I only wish it were that easy. Unfortunately, cities and counties across the state of Minnesota have really changed how they approach DWIs, even first time offense DWIs. Because of this, its important not to walk into court alone. It is more than just knowing what you face. Its about understanding how it could truly impact your freedom, your job, your license, your life. Contact Jack Rice Defense for a free confidential consultation.
What Exactly is a DWI?
If you are arrested for a DWI, it usually means one of two kinds of charges. Either you will be charged with driving under the influence of alcohol or drugs (including prescription drugs). This generally means driving while feeling the effects of alcohol or substance or having that alcohol or substance impact your ability to driving. The second way you might be charged is if the police think that your blood alcohol is over .08 or greater. Of course, you could be charged with both and you usually are. Another charge some face is if they are charged with DWI test refusal. This is actually an even more serious charge.
What Penalties Can You Face?
With no prior DWIs or license revocations, a first time DWI under the influence charge or driving with a blood alcohol level over .08 will likely face misdemeanor DWI charges which means up to 90 days in jail and up to a $1000 fine. If you are charged with test refusal during this offense, you could face gross misdemeanor charges which means up to a year in jail and up to a $3,000 fine.
DWIs are also enhanceable offenses which mean that if you get another DWI in the future, you could face more serious DWI charges. You could face gross misdemeanor or even felony DWI charges.
Aggravating Factors in Minnesota
There are various circumstances here in Minnesota where somebody charged with a first time DWI could face far more serious charges. These aggravating factors include:
A blood alcohol level of 0.16 or higher
A child under 16 years of age in the vehicle at the time of the incident
A child at least 36 months younger than the driver in the vehicle at the time of the DWI
If this is a first time offense and one of the above factors is also present, you could face a gross misdemeanor 3rd degree DWI charge. So, for instance, if you are arrested and the police believe that your blood alcohol level is 0.16 or higher, you will be charged with a gross misdemeanor 3rd degree DWI. If two factors are present, such as a high blood alcohol reading, over 0.16 and there is a child in the car, you could face a gross misdemeanor 2nd degree DWI charge.
While you could certainly face jail time for a DWI, including first time offenses, sometime, its about more than just the jail or fines. It is the Administrative penalties that can be particularly brutal.
What are the Administrative Penalties for First Time DWIs?
Driver’s License
If you are arrested for a misdemeanor DWI, the state of Minnesota is going to take your license away. First, what will you do without a license? This is what you could face:
For a first time offense, the Department of Public Safety will take your license for 90 days for a person with no priors within the past ten years and no other aggravating factor was present and the test result was below 0.16. This is reduced to 30 days if the person is convicted with no priors and with a test result below 0.16.
6 months if the person is under the age of 21 at the time of the offense and the test result was below 0.16
one year if the person refused to test. This is reduced to 90 days if the person is convicted of Test Refusal and had no priors or if a person tests 0.16 or higher.
License Plates
They are called Whiskey plates and you may have seen them before on other cars. They are white and the first letter on the plate is a W. This badge of shame is purposeful and one the state wants to place on some people. If you are charged with a first time DWI with one aggravating factor, the state will likely tell you to turn in your license plates and get Whiskey plates. For instance, if your blood alcohol level is 0.16 or higher or if you have a child present in the car. Is there anything you can do about these? Talk to Jack Rice Defense about a new law the may help.
Chemical Dependency Evaluation
If you are convicted of a first time DWI, the Court may require a chemical dependency evaluation. Its sometimes called a CD eval or a Rule 25. What do you get this?
Bail Requirements
If you are charged with a first time DWI and have a high alcohol reading, over 0.16, the Judge is required to set bail at $12,000. You heard me, required to set bail at $12,000. Are there ways around this? Potentially. Talk to Jack Rice Defense for more on this.
Vehicle Forfeiture
If you are charged with a first time DWI and have two aggravating factors, such as a high reading and kids in the car, the state could try to take your car away from you. This is a complicated process but it absolutely happens and something that you need to consider. There are timelines so so having a criminal defense lawyer quickly may be critical.
So, we started this conversation with the question about whether you can just pay a fine and simply make this thing go away. As you can see, the answer is no. A first time DWI can lead to jail, license revocations, plate impoundment, vehicle forfeiture and more. Because of this, is critical to sit down with an experienced DWI lawyer to talk about exactly what you are facing and what you need to do first, second and third. Give Jack Rice Defense a call at 651-447-7650 or 612-227-1339 for a free confidential consultation. Click here to contact us directly and we will follow up.