Understanding the Difference Between Felony and Misdemeanor DWI in St. Paul and the rest of Ramsey County, MN
In Ramsey County and across Minnesota, it is illegal for drivers to operate a vehicle while under the influence of alcohol or if their blood alcohol content (BAC) is 0.08 or higher. The consequences of a DWI (Driving While Intoxicated) can vary significantly, depending on the number of prior alcohol-related offenses and whether the charge is classified as a misdemeanor or a felony. Regardless of whether this is your first or you have been through this before, it is critical that you consult with an experienced Ramsey County DWI Defense attorney.
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Misdemeanor and Gross Misdemeanor DWI
In Minnesota, a first, second, or third DWI offense is typically classified as a misdemeanor. However, certain aggravating factors may escalate a first or second offense to a gross misdemeanor. These aggravating factors include:
A BAC level of 0.16 or higher,
The presence of a child in the vehicle during the incident, or
Refusal to submit to a chemical test.
It’s important to note that a third DWI offense is automatically considered a gross misdemeanor.
The penalties for a misdemeanor DWI can be substantial. A driver might face a fine of up to $1,000 and a maximum jail sentence of 90 days. In contrast, a first offense classified as a gross misdemeanor can lead to penalties of up to one year in jail and fines reaching $3,000.
Felony DWI
Felony DWI charges come into play under specific circumstances, including:
Having a prior felony DWI conviction,
Past convictions for felony-level criminal vehicular homicide involving alcohol or drugs, or
Accumulating three or more alcohol-related driving incidents within the last ten years.
Unlike misdemeanor charges, aggravating factors such as a high BAC or having a child in the vehicle do not elevate a DWI to a felony. The criteria for felony charges are strictly related to prior convictions and incidents.
If convicted of felony DWI, a driver may face fines of up to $14,000 and a prison sentence of up to seven years. For individuals with additional criminal convictions, the sentence could exceed seven years.
“Its important to know the neighborhood, the facts, the law, the players. This can take decades. Luckily, Jack has been here the whole time.”
The Serious Implications of DWI Charges
Both felony and misdemeanor DWI charges carry serious consequences that can significantly impact a driver’s life, including their reputation, employment opportunities, and financial stability. If you are dealing with a DWI charge, it is crucial to seek guidance from an experienced attorney who can inform you of your legal rights and options.
For those facing DWI charges in Ramsey County, consulting with a knowledgeable Ramsey County criminal defense attorney is essential. Contact Jack Rice Defense for a free, confidential consultation at 651-447-7650 or 612-227-1339. When your job, reputation, and future are at stake, trust Jack Rice Defense to stand by your side.