How Big of a Deal is a First Time DWI? It can be Huge.
When we all start learning to drive, we are conscious of police cars and the concern about getting stopped. As a result, looking in the rear view mirror and and seeing the red and blue strobe of lights hits us like few other things. Add the possibility of a DWI charge to the mix and this can get extraordinarily serious very very quickly. This also applies to first time offense DWIs. Understanding the potential consequences on your freedom, jail, chemical dependency evaluations, MADD panel requirements, employment, driver's license and more matter. If you are facing DWI charges in Minnesota, make sure that you sit down with an experienced DWI defense attorney.
“DWIs here in Minnesota come with far more ramifications than simply jail. You better know how the government can come at you.”
What is a DWI?
If you're arrested for a DWI, it typically involves one of two charges. You may face a charge of driving under the influence of alcohol or drugs, including prescription medications. This charge applies when you drive while under the influence or when alcohol or substances impair your ability to operate a vehicle. The second charge arises when your blood alcohol level exceeds 0.08. It's common to face both charges simultaneously, and there's an even more serious charge for DWI test refusal.
What Penalties Are Possible?
For individuals without prior DWIs or license revocations tied to DWI charges, a first-time DWI charge for driving under the influence or driving with a blood alcohol level over 0.08 typically leads to misdemeanor DWI charges. This can result in up to 90 days in jail and a fine of up to $1,000. If you're charged with test refusal in conjunction with this offense, you may face gross misdemeanor charges, carrying penalties of up to one year in jail and a fine of up to $3,000.
DWIs are considered enhanceable offenses, meaning that subsequent DWIs can lead to more severe charges, including gross misdemeanors or even felonies.
Minnesota Aggravating Factors
Several circumstances in Minnesota can escalate the severity of charges for first-time DWI offenders. These aggravating factors include:
Blood alcohol level of 0.16 or higher
Presence of a child under 16 years old in the vehicle during the incident
Presence of a child at least 36 months younger than the driver in the vehicle during the DWI
If you're charged with a first-time offense and one of these factors is present, you could face a gross misdemeanor charge for third-degree DWI. For example, if you're arrested with a blood alcohol level of 0.16 or higher, you would be charged with a gross misdemeanor third-degree DWI. If two factors are present, such as a high blood alcohol reading and a child in the car, you may face a gross misdemeanor second-degree DWI charge.
While jail time and fines are potential consequences of a DWI, even for first-time offenders, it's important to recognize that administrative penalties can be particularly harsh.
What Are the Administrative Penalties for First-Time DWIs?
Driver's License
If you're arrested for a misdemeanor DWI, the state of Minnesota will revoke your driver's license. Here's an overview of the potential penalties:
First-time offense with no priors within the past ten years and no other aggravating factor, and a test result below 0.16: License revoked for 90 days (reduced to 30 days upon conviction with no priors and a test result below 0.16).
If you're under 21 years old at the time of the offense and the test result was below 0.16: License revoked for six months.
Refusal to test or a test result of 0.16 or higher: License revoked for one year (reduced to 90 days for conviction of Test Refusal with no priors or if the test result is 0.16 or higher).
License Plates
Referred to as "Whiskey plates," these distinctive white plates with a W as the first letter serve as a visible mark of shame. If you're charged with a first-time DWI and have one aggravating factor, such as a blood alcohol level of 0.16 or higher or the presence of a child in the car, the state may require you to turn in your license plates and replace them with Whiskey plates. Consult with Jack Rice Defense to explore potential options under a new law that might help you avoid Whiskey plates.
Chemical Dependency Evaluation
Upon conviction of a first-time DWI, the court may mandate a chemical dependency evaluation, also known as a CD eval or Rule 25 assessment. This evaluation assesses your dependency on substances and determines appropriate treatment if necessary.
Bail Requirements
If you're charged with a first-time DWI and have a high alcohol reading, over 0.16, the judge is obligated to set bail at $12,000. While there may be potential avenues to address this requirement, it's advisable to discuss your options with Jack Rice Defense.
Vehicle Forfeiture
If you're charged with a first-time DWI and have two aggravating factors, such as a high alcohol reading and children in the car, the state may attempt to seize your vehicle. The vehicle forfeiture process is complex, and timely consultation with a criminal defense lawyer is critical.
Go with the Best
DWIs come with enormous consequences on your life. Worse, future run-ins with the law can also be impacted by DWI charges and convictions so it is critical to handle charges, even first-offenses in the right way. Remember, a first-time DWI carries the risk of jail time, license revocation, plate impoundment, vehicle forfeiture, and more. Therefore, it's crucial to consult an experienced DWI lawyer to fully understand the charges you're facing and determine the necessary steps forward. Call Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, Jack Rice Defense.