What If I’m Facing 3rd Degree Gross Misdemeanor DWI Charges in Minnesota?
Minnesota prides itself on being aggressive when it comes to arresting and prosecuting 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 3rd 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:
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 3rd Degree Gross Misdemeanor DWI Charges
1st Offense:
DWI Test Refusal;
Driving with a blood alcohol content of .16 or over;
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.
2nd Offense:
Driving while under the Influence of alcohol, second offense within 10 years.
Driving with a blood alcohol concentration over .08, second offense within 10 years.
Possible Penalties for 3rd 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
License reinstatement fees
Car towing and storage fees
Insurance costs
Loss of work
Possible $12,000 bail requirement
Range of Potential DWI Charges include:
3rd Degree Gross Misdemeanor DWI
2nd Degree Gross Misdemeanor 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.