With a Minnesota DWI, how can Enhanceability Hurt Me?
DWIs in Minnesota can come with a lot of catastrophic consequences and we have written extensively about those ramifications. They include everything from criminal charges, to jail and prison, to license ramifications, to plate and vehicle forfeiture. However, one aspect of DWIs that creates a massive complication is enhanceability. If you are facing a DWI charge in Minnesota, it is critical that you understand this concept. Sit down with an experienced Minnesota DWI criminal defense attorney. Better yet, make sure that they are a Board Certified Criminal Law Specialist.
“Enhanceability has the potential to turn a “simple” DWI into something truly terrible.”
What is Enhanceability?
In Minnesota, if you are convicted of a DWI, the State will use that conviction to “enhance” a future DWI into a more serious charge. The “look back” period the State uses to enhance a new charge is 10 years. However, it is important to remember that Minnesota will also enhance a new charge based upon a license revocation tied to a DWI charge even if you weren’t convicted of the underlying DWI. So, under certain circumstances you don’t even have to have a DWI conviction to face more serious charges.
What Kinds of DWI Offenses can be Enhanceable in Minnesota?
Driving while under the influence of alcohol
Driving while under the influence of a controlled substance
Driving while under the influence of a combination of alcohol and a controlled substance
Driving with an alcohol concentration of .08 or more
Driving a commercial vehicle with an alcohol concentration of .04 or more
DWI Test refusal
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.
*Remember, this is from the date of conviction, not the date of the original charge. So, it could stretch that time out even further.
What are the different level of DWI Enhancement?
3rd Degree Gross Misdemeanor DWI: 1 aggravating factor or a test refusal.
2nd Degree Gross Misdemeanor DWi: 2 aggravating factors or 1 aggravating factor and a test refusal.
1st Degree Felony DWI: 3 or more qualified prior impaired driving incidents.
Each of these offenses come with mandatory jail time with increasing time for each subsequent offense.
“Enhanceability can be a game-changer with DWIs. You have to know what this can do to you.”
If you are facing any level of DWI, be it a misdemeanor, gross misdemeanor or felony, it is import to understand the ramifications of each and to know your rights. An experienced Minnesota DWI defense attorney can make all of the difference. Never walk into a courtroom alone and just hope it plays out.
Jack Rice is a nationally known and respected DWI criminal defense attorney. He is also a former prosecutor, former CIA Officer and a Board Certified Criminal Law Specialist. He is also the founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.