Criminal Penalties for Minnesota DWI Arrests

An arrest or conviction for a Minnesota DUI or DWI is a serious offense. The state of Minnesota takes a zero tolerance approach towards individuals who are found driving while intoxicated. Before you can begin to understand the penalties associated with a DWI you should first familiarize yourself with Minnesota DWI law.

Minnesota DWI Guidelines

In the state of Minnesota it is considered a crime to operate any motor vehicle while under the influence of alcohol or any other controlled substance. Individuals with a blood alcohol limit of .08 or more (or .08 percent) are prohibited from operating a motor vehicle, as are those with any amount of any other controlled substance in their blood. If you operate a commercial vehicle your blood alcohol level must be below .04.

Minnesota DWI law states that when you apply for a driver'[s license you automatically give implied consent for chemical testing in the form of a urine sample, breath test, or blood sample. Refusal to submit to a chemical test when asked is a violation of Minnesota law.

The state of Minnesota has four categories for DWI convictions, ranging from fourth to first depending on the number of incidents you have had. Each carries specific minimum penalties.

4^th Degree DWI in Minnesota

An individual facing his first Minnesota DUI or DWI arrest in a 10 year period will be charged with a 4^th degree DWI. This charge is considered a misdemeanor and has the lightest penalties, assuming that at the time of arrest the individual involved does not refuse a chemical test or have any other type of aggravating factor. This type of conviction can carry penalties of up to 90 days in prison or a fine of $1,000.

3rd Degree DWI in Minnesota

Individuals facing their second Minnesota DUI arrest in a 10 year period will be charged with a gross misdemeanor, a 3^rd degree DWI charge. Assuming there are no aggravating factors, the punishment is up to 1 year in prison and a $3,000 fine.

2^nd Degree DWI in Minnesota

A 2^nd degree DUI or DWI conviction in Minnesota is also considered a gross misdemeanor. Individuals who have had their third incident in 10 years, have had their 2^nd violation but refused to submit to a chemical test, or have one or two aggravating factors will be charged with this crime. The penalties and fines are determined by the judge overseeing the case.

1^st Degree DWI in Minnesota

A 1^st Degree DWI in Minnesota is considered a felony and the punishment includes up to 7 years in prison and a fine of u to $14,000. Individuals facing their 4^th conviction within 10 years or who are facing any DWI conviction after a previous felony DWI will be charged with this level of DWI.

Minnesota DWI Aggravating Factors

Individuals who have aggravating factors at the time of arrest may find themselves in more serious trouble. Aggravating factors include having a child in the vehicle, having a blood alcohol level of .20 or more, or having had another DWI incident in the past 10 years.

If you are arrested for a DWI you should contact a Minnesota DWI lawyer immediately. Only a qualified lawyer will be able to help you minimize the penalties associated with your conviction.