What Criminal Penalties Can I Face for a DWI in Minnesota?
Can I Really Go to Jail for a DWI in Minnesota? The answer is yes.
While there are a lot of collateral consequences that can happen to you because of a DWI, including licenses suspension or revocation, vehicle license plate removal, and even vehicle forfeiture, the most serious and potentially life-altering is jail or prison. It is critical to understand what you might be facing in a Minnesota courtroom. Don’t do this alone. Let a St. Paul DWI Lawyer help
What is the Potential Punishment for Different Charges and the Factors that Impact Them?
4th Degree DWI:
Level of Offense: Misdemeanor;
Maximum Penalty: 90 days in jail and a $1000 fine;
Additional Factors determining the level of offense: none required for conviction.
3rd Degree DWI:
Level of Offense: Gross Misdemeanor;
Maximum Penalty: 1 year in jail and a $3000 fine;
Elements that result in a 3rd Degree Gross Misdemeanor DWI;
Mandatory Minimum Sentencing Requirements: Depends upon factors that enhance charge into 3rd Degree. If this is 2nd DWI in 10 years, mandatory minimum of 30 days to serve;
Additional Factors determining the level of offense: First time DWI test refusal or one aggravating factor required for conviction.
2nd Degree DWI:
Level of Offense: Gross Misdemeanor;
Maximum Penalty: 1 year in jail and a $3000 fine;
Elements that result in a 2nd Degree Gross Misdemeanor DWI;
Mandatory Minimum Sentencing Requirements: Depends upon factors that enhanced charge into 3rd Degree. If this is 3rd DWI on 10 years, mandatory minimum of 90 days to serve;
Additional Factors determining the level of offense: DWI test refusal and one aggravating factor or DWI with two aggravating factors required for conviction.
1st Degree DWI:
Level of Offense: Felony;
Maximum Penalty: 7-year imprisonment and a $14000 fine;
Mandatory Minimum Sentencing Requirements: Depends upon factors that enhanced charge into 1st Degree. If this is a 4th DWI in 10 years, mandatory minimum of 180 days to serve;
Additional Factors determining the level of offense: Fourth impaired driving incident within 10 years, or following a previous felony DWI or vehicular operation conviction.
What are the aggravating factors that can make my charge more serious?
a qualified prior DWI or license revocation;
a DWI with a blood alcohol content of .16 or more;
presence of a child under 16 in the vehicle if more than 36 months younger than the driver;
accidents with injuries or death can have a huge impact upon charges and jail or prison. These can result in criminal vehicular operations and/or criminal vehicular homicide charges.
Jack Rice Defense Can Help You Navigate this Process.
Because DWI charges and convictions can be so serious, it is important to sit down with a qualified DWI attorney and Board Certified Criminal Law Specialist to understand what you are facing. Whether you have never been arrested before or your past is making this worse, don’t hesitate to give Jack Rice Defense a call. Jack is a Board Certified Criminal Law Specialist and can help you understand what comes next and what we can do about it.