What Exactly is an Aggravating Factor for a DWI in Minnesota?
DWIs in Minnesota are enhanceable offenses which simply means that the more you get, the worse it gets. More specifically, the severity level of a drunk driving charge is based upon the number of the the aggravating factors present at the time of the incident. Sometimes, it is based upon prior DWIs or DWI related incidents, sometimes it is based upon various aspects of the current charge itself. The more aggravating factors, the more serious the Minnesota drunk driving charges. If you are facing DWI charges, talk to a Minnesota DWI Attorney.
Minnesota DWI Aggravating Factors:
A prior DWI within 10 years of the current offense;*
A prior implied consent license revocation tied to a DWI charge within 10 years;*
A refusal to submit to testing;
Having a blood alcohol content (BAC) of .16% or higher; or
Having a child younger than 16 years old in your car at the time of the offense if the driver is at least 36 months older.
*For more on Qualified Prior Impaired Driving Incidents.
Minnesota DWI Degrees of Severity:
DWIs in Minnesota can be charged at different levels based upon these aggravating factors. These aggravating factors influence the individual charges.
4th Degree Misdemeanor DWI - No Aggravating Factors. A current charge with no aggravating factors could be charged as a 4th degree misdemeanor DWI. This could result in up to 90 days in jail and a $1000 fine.
3rd Degree Gross Misdemeanor DWI - One Aggravating Factors. A current charge with one aggravating factor could be charged as a 3rd degree gross misdemeanor DWI in Minnesota. This could result in up to 1 year in jail and up to a $3000 fine along with mandatory minimum jail time.
2nd Degree Gross Misdemeanor DWI - Two or More Aggravating Factors. A current charge with two aggravating factors could be charged as a 2nd degree gross misdemeanor DWI in Minnesota. This could result in up to 1 year in jail and up to a $3000 fine, a $12,000 bail to be released from custody, vehicle forfeiture, along with mandatory minimum jail time.
1st Degree Felony DWI - 3 previous enhanceable DWI offenses within 10 years, a prior Felony DWI or Criminal Vehicular convictions. A current charge with any of these circumstances regardless of any Aggravating Factors could be charged as a 1st degree felony DWI in Minnesota. This could result in up to 7 years in prison and up to a $14,000 fine, a $12,000+ bail to be released from custody, vehicle forfeiture, along with mandatory minimum jail time.
DWIs can dramatically impact your life. The costs can include everything from jail time to prison, thousands of dollars in fines, license revocation, vehicle forfeiture, chemical dependency evaluations and madd victim impact panels as well as years of oversight from probation and increased insurance costs. If you are charged with a DWI, before you step into this legal buzz saw, make sure you sit down with an experienced DWI attorney to understand your rights.
Jack Rice is a Board Certified Criminal Law Specialist, former prosecutor, criminal defense attorney and is the founder of Jack Rice Defense. If you are facing DWI charges in Minnesota, now is the tie to consult the best. With almost 25 years experience, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.