Being caught driving under the influence can be very frightening. We know that you are likely worried about what this charge might mean for your future. You could be facing serious fines, jail time, and loss of your license.
We have handled many DWI cases in Minnesota and want the opportunity to help you with yours. Although we have likely handled a case very similar to yours, we know every case is different and will treat yours with the attention you deserve.
Perhaps you were leaving a holiday party or a family barbecue. Whatever the situation, you likely underestimated how much you had to drink and didn’t think you were too intoxicated to drive. We know many people make this mistake.
How the police handle your case is vital. Everything from the way you were pulled over to the breathalyzer test and field sobriety tests can affect your case. We want to know the details of your arrest so we can represent you in the best manner possible.
The legal limit for driving in Minnesota is .08 percent. If you are caught driving over this legal limit you can be charged and convicted of DWI.
Minnesota DWI Laws & Penalties
In Minnesota DWI’s are categorized by degrees. The number of aggravating factors present at the time of your arrest will determine what degree you are charged with.
Aggravating Factors include:
- Prior DWI conviction within the last 10 years,
- Blood alcohol concentration greater than .20, and
- The presence of a child under 16 years of age in the vehicle at the time of arrest.
MN 4th Degree DWI – Penalties
Fourth degree DWI is a misdemeanor punishable by up to 90 days in jail and $1,000 in fines. This charge would apply if there were no aggravating factors present at the time of your arrest.
Ref: Minnesota Statute §169A.27
MN 3rd Degree DWI – Penalties
DWI in the 3rd degree is a gross misdemeanor and carries a potential sentence of up to one year in jail and fines up to $3,000. You may be charged with this is there is one aggravating factor present.
Ref: Minnesota Statute §169A.26
MN 2nd Degree DWI Penalties
DWI in the 2nd degree, similar to 3rd degree DWI, is a gross misdemeanor punishable by one year in jail and fines reaching $3,000. This would be the applicable charge if there are two aggravating factors present at your arrest.
Ref: Minnesota Statute§169A.25
MN 1st Degree DWI Penalties
First degree DWI is the most serious and is a felony charge. You will receive maximum penalties with this charge of up to 7 years in prison and $14,000 in fines. You may be charged with this felony DWI if there are three aggravating factors present when you are arrested.
Ref: Minnesota Statute§169A.24
Minnesota DWI License Suspension
In addition to jail time and fines, your driver’s license can be immediately revoked after you test over the legal limit. If this is your first DWI you could lose your license for 90 days. If, however, you have prior DWI convictions you may lose your license for up to 120 days.
Refusing to take a breathalyzer test can also result in immediate revocation of your driver’s license. If you refuse the test you can lose your driving privileges for an entire year.
Ref: Minnesota Statute §169A.52
DWI License Plate Impoundment
If your DWI involved an aggravating factor, you risk having your license plates impounded. The minimum term of plate impoundment is one year. You may be issued specially marked license plates for your vehicle, indicating the original plates were seized involving a DWI if someone else is to be driving the vehicle.
Ref: Minnesota Statute§169A.60
If you are convicted of three of more DWI’s in a ten year period or two or more with aggravating factors, you may lose your car to the state of Minnesota. This means that you can lose your car permanently.
Ref: Minnesota Statute §169A.63
Free Advice on your MN DWI Charge. No Obligation
Minnesota DWI laws are complex and can be confusing. When you are facing consequences like the ones above, you need an experienced DWI attorney on your side. Call to discuss the specifics of your case today.
We will tell you exactly what you can do to fight the charges, and what we think your chances are to beat the case. Call us today.