What If I’m Facing 2nd Degree Gross Misdemeanor DWI Charges in Minnesota?

Minnesota is notorious for how aggressively they arrest and prosecute people for DWIs. In order to back this up, police departments spend a large amount of their resources trying to catch drunk drivers. In fact, they spend even more training their officers to get a conviction. As a result, it is critical if you are being charged with a 2nd degree 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 2nd Degree Gross Misdemeanor DWI Charges

1st Offense:

• Driving under the influence with .16 or a child younger than 16 in the car if driver is at least 36 months older.

2nd Offense:

• Refusal to test, second offense within 10 years;

• Driving with a blood alcohol content of .16 or over, second offense within 10 years;

• Driving while under the influence or over .08 and 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, second offense within 10 years..

3rd Offense:

• Driving while under the Influence of alcohol, third offense within 10 years.

• Driving with a blood alcohol concentration over .08, third offense within 10 years.

Possible Penalties for 2nd Degree Gross Misdemeanor DWI may include:

• 1 year in jail

• $3000 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. Whether this is your first DWI as a gross misdemeanor or you have priors, 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.