What If I’m Facing 1st Degree Felony DWI Charges in Minnesota?

Minnesota is incredibly aggressive regarding how they handle DWIs, particularly felony DWIs. However, Minnesota becomes particularly brutal when it comes to arresting and prosecuting people for getting multiple DWIs. Because of this, police departments spend a large amount of their resources in order to catch drunk drivers. In fact, they spend even more training their officers to get a conviction. If you are facing a 1st degree felony DWI in Minnesota, then you have already faced the wrath of the Minnesota court system more than once. Also, and lets be clear, if you are convicted of a felony DWI, the threat of prison is not an empty one. Of course, if you are still on probation for a DWI or any other charge, then there is the possibility that the state could come at you from multiple directions. As a result, you already know that it is critical if you are being charged with a 1st degree felony DWI to have an experienced DWI Attorney by your side. 

So what exactly is a DWI in Minnesota?

Minnesota DWI laws make it a crime if:

1. you drive, operate or are in physical control of a motor vehicle anywhere in the State of Minnesota, including boundary waters, while:

• you are under the influence of alcohol or a controlled substance,

• you were driving with a blood alcohol concentration (BAC) of 0.08 (.08 is defined as .08 percent alcohol concentration) or more as tested within two hours of driving, operating or in physical control of a motor vehicle.

• you have a schedule I or schedule II controlled substance in your body (any amount); or

• it is a commercial vehicle, having a BAC of .04 or more at the time or within two hours of driving, operating or in physical control of a vehicle, or

     2.  you refuse to submit to a chemical test of the person’s blood, breath or urine according to the implied consent laws of Minnesota.  However, it is only a crime to refuse a urine or blood test if the officer first obtained a search warrant to collect those samples and you then refuse.    

Possible 1st Degree Felony DWI Charges

• 3 Prior DWIs of any kind within the last 10 years and

  • a New DWI charge or

  • a Driving with a Blood Alcohol Content Level (BAC) over .08 charge or

  • a DWI refusal charge;

• A Prior Felony DWI conviction within any period of time and a New DWI charge, driving with a blow alcohol content over .08 charge or a DWI Refusal charge.

Possible Penalties for 1st Degree Felony DWI may include:

• 7 years in prison

• $14,000 fine

• Mandatory minimum jail time

• Court surcharges

• Chemical Dependency Evaluation and Treatment

• MADD Victim Impact Panel

• Supervised Probation

Additional ramifications that may apply:

• License revocation

• Vehicle Plate Impoundment

• Vehicle Forfeiture

• License reinstatement fees

• Car towing and storage fees

• Insurance costs

• Loss of work

• $12,000+ bail requirement

Range of Potential DWI Charges include:

4th Degree Misdemeanor DWI

3rd Degree Gross Misdemeanor DWI

2nd Degree Gross Misdemeanor DWI

1st Degree Felony DWI

Because there are very specific legal and factual requirements for each and every element of a DWI charge, it is important to sit down with a Board Certified Criminal Law Specialist to discuss your situation. if you are facing felony DWI charges, you are absolutely facing the threat of prison and Minnesota will not hesitate on this issue. As a result, don’t hesitate to give Jack Rice Defense a call.  Jack is a Board Certified Criminal Law Specialist and can help you understand what you face and how to get your life back on track.  

Let a St. Paul DWI Lawyer help. Reach out for a free confidential consultation or call 651-447-7650 or 612-227-1339.