Minneapolis DWI Lawyer & Attorney

DWI’s are considered enhanceble offenses in Minnesota. This means that the more DWI offenses an individual is charged with in a 10 year period, the more serious those charges become. Not only does the level of charge become more serious, the penalties become a lot more severe as well.

In Minnesota, there are four levels of DWI charges: 4th Degree, 3rd Degree, 2nd Degree and 1st Degree. 4th Degree is a misdemeanor and carries the least serious consequences. Both 3rd Degree and 2nd Degree are gross misdemeanor offenses, and are a little more serious. 1st Degree is a felony, and there is a potential that an individual could go to prison if convicted. 

4th Degree DWI is a misdemeanor. This is the lowest level of DWI charge in the state of Minnesota. If it is someone’s first DWI offense in a 10 year period and their blood alcohol level is between .08 and .15, it will be a misdemeanor. The maximum penalty is 90 days in jail and a fine of $1,000. Your license will also be revoked for a period of time. If it is your first offense ever, that period of time will be 90 days. 

3rd Degree DWI is a gross misdemeanor. There are multiple ways that a DWI can rise to the level of 3rd Degree. If it is your first offense in a 10 year period and you either have a blood alcohol level of .16 or more, you refuse to submit to the alcohol test, or you have a child in the car under the age of 16, you will be charged with a 3rd Degree DWI. Additionally, if it is your second offense in a 10 year period and your blood alcohol level is between .08 and .15, it will also be a 3rd Degree DWI. The penalties for these offenses can vary depending on the situation. The maximum penalties are 365 days in jail and a fine of $3,000. If it is your second offense in a 10 year period, the mandatory minimum sentence is 30 days in jail. Your license will also be revoked for at least 1 year. 

2nd Degree DWI is also a gross misdemeanor charge. Just like with a 3rd Degree, there are multiple ways that an offense can rise to this level: a first offense with a blood alcohol reading of .16 or higher and a child under the age of 16 in the car; a first offense with a test refusal and a child under the age of 16 in the car; a second offense in a 10 year period with either a blood alcohol reading of .16 or higher, a test refusal, of a child under 16 in the car; a third offense in a 10 year period regardless of the test result, or if the test is refused. This carries the same maximum penalties as a 3rd Degree DWI. However, the mandatory minimum penalties are much more severe for a third offense in a 10 year period. Under those circumstances, the mandatory minimum penalty is 90 days in jail. On top of that, your license can be canceled for 3 years or more, and your vehicle can be forfeited. 

1st Degree DWI is a felony. There are two ways that one can be charged with a felony DWI in Minnesota: If it is your fourth DWI in a 10 year period or if you have a prior felony DWI conviction in the state of Minnesota. If you are charged with a 1st Degree DWI, there is a potential that you can go to prison. your license will also be canceled for up to 6 years.

If you are arrested for a DWI in Minnesota, the police will ask that you take a test to determine if there are drugs or alcohol in your system. This will either be a breath test, a blood test or a urine test. If it is a blood or urine test, the officer must have a warrant. If it is a breath test, however, they are not required to get a warrant. Regardless of what type of test you are subjected to, it is a crime to refuse that test. That is because Minnesota is an “implied consent” state. This means that, by driving on Minnesota roadways, drivers are impliedly consenting to submitting to a test if requested. 

When this happens and the test shows your blood alcohol concentration is .08 or higher, or if you refuse to take the test, your license will be revoked. The length of that license revocation is based on the test result, if you refuse to take the test, and the number of DWIs you have had in your past. Your license plates can also be impounded, meaning that you would need to have special registration plates, also referred to as “Whiskey Plates.”

You do have a right to challenge this license revocation and the license plate impoundment. However, you only have 60 days to file that challenge. If you do not get it filed within that 60 day timeframe from when you are notified of the revocation, you lose your opportunity to challenge it. This means that if your license is revoked for a 1 year period and after 6 months, the case is dismissed due to a legal defense, you would still be required to serve the remaining 6 months of license revocation if you did not file the challenge in a timely manner. 

The document that needs to be filed is called a Petition for Judicial Review. It is a very technical legal document. The contents of that document are very important, as it shapes how your case will be handled once it gets into court. In some instances, an attorney can even get your license back for you while your case is pending. It is very important that this document gets filed in a timely manner and that it has all of the necessary information included.

DWI’s are very confusing, and can be very scary. This is especially true if you have never had contact with the criminal justice system before. If you or someone you know is arrested and charged with a DWI, an experienced defense attorney can make all the difference in the world. Contact Cody M. Wright to schedule a free, confidential, consultation today.