If I’m Facing DWI Charges in Minnesota, What Exactly is a Qualified Prior Impaired Driving Incident?
Getting a DWI in Minnesota can have a dramatic impact upon your life. Its not just the arrest, the handcuffs, the mugshot, the fingerprints. It is what happens when you have to appears in front of a Judge and what they can do to you. While many things can make it worse, one in particular is having a prior impaired driving incident. If you are facing DWI charges in St. Paul, Minneapolis or anywhere in the Twin Cities, contact an experienced DWI Attorney immediately.
What is a Qualified Prior Impaired Driving Incident in Minnesota?
A qualified prior driving incident in Minnesota is something that happened to you prior to the current incident that has increased the severity of your current charges. Examples of Minnesota qualified driving incidents include:
A prior DWI within the last 10 years;
A prior DWI arrest that resulted in a loss of license even if there was no DWI conviction within the last 10 years.
Believe it or not, even if your prior DWI ended up as a careless driving, that may be enough to count as a qualified prior driving incident in Minnesota.
What are the ramifications of a Qualified Prior Impaired Driving Incident in Minnesota?
A prior DWI or license revocation within the last 10 years is considered an aggravating factor that can “enhance” a current charge into a more serious charge with more serious consequences. Just a few examples of the impact of enhancement include:
While a first time DWI may be a 4th degree misdemeanor, that exact same conduct almost 10 years later would automatically be enhanced into a 3rd degree gross misdemeanor charge. This could result in a year in jail and up to a $3000 fine. As importantly, there are mandatory minimum jail sentences tied to this kind of charge.
While a second time DWI may be a 3rd degree gross misdemeanor, it would automatically be enhanced into a 2nd degree gross misdemeanor charge. This requires $12,000 bail to get out of jail per statute or an intensive alcohol monitoring program, up to a year in jail and up to a $3000 fine, serious mandatory jail sentences and even a possible vehicle forfeiture.
So, even if my last DWI was almost 10 years ago, I could see real jail time now? Yes. In fact, there is a mandatory minimum amount you are required to receive.
The examples above can get much worse with additional DWIs. A fourth DWI could result in prison. The list of consequences is almost endless. So, understanding what you may be walking into with a DWI charge is absolutely critical. If this is your first DWI charge, you need to know what could be coming down the road. If this isn’t your first, it may be even more critical to understand what may in store for you. Sit down with an experienced DWI Defense Attorney.
Jack Rice is the founder of Jack Rice Defense, is a Board Certified Criminal Law Specialist, former prosecutor and criminal defense attorney with almost 25 years of experience. If you are facing DWI charges in Minnesota, now is not the time to go for second best. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339