Understanding Felony DWI Charges in Minnesota

According to Minnesota law, any crime that comes with a punishment of a year or more in prison is considered to be a felony. First degree DWI charges in Minnesota care considered felonies. The punishments and release terms for felony charges are quite a bit more complicated than those for lesser offenses.

Who Gets Charged with 1^st Degree DWI in Minnesota?

There are several guidelines governing who can be charged with a 1^st degree or felony DWI in Minnesota. Any individual who has already been convicted of having been involved in three impaired driving incidents within a 10 year period is automatically charged with a 1^st Degree DWI. Individuals who have been previously charged with felony DWIs, within any period of time, will be charged with felonies as well. Anyone involved in a criminal vehicular homicide or who has caused injury to another person because of his DWI incident will be charged with a felony.

Minimum & Maximum Guidelines for Felony DWI Sentencing

An individual charged with a 1^st Degree DWI in Minnesota faces up to 7 years in prison, a fine of up to $14,000, or both penalties combined. A judge may opt to sentence a criminal to more than 7 years in prison if he has an outstanding criminal record.

At sentencing, the judge is required by Minnesota DWI law to impose a sentence of at least three years. State law prohibits a judge from staying the imposition of the sentence but can grant a stay of execution, giving an individual a period of time to put his affairs in order before requiring him to report to prison.

Individuals who are given jail time as a result of a felony DWI conviction may not be granted early release, under any circumstances, unless they have completed an alcohol or chemical dependency rehabilitation program during the time of incarceration.

Terms of a Minnesota DWI Stay of Execution

If your judge grants a stay of execution of your prison term you will not be allowed to resume life as normal. Anyone who has received a stay of execution will automatically receive the mandatory penalties for non-felony DWI offenses, including revocation of driving privileges, long-term alcohol monitoring including the use of an ankle bracelet device, and regular drug or alcohol testing. If you refuse to participate in or violate any of these terms you will be ordered to report to prison immediately.

Monitoring after Prison

According to Minnesota DWI law, anyone released from prison on a felony DWI charge must be monitored for a period of no less than 5 years. The judge or commissioner of corrections can impose any conditions for this conditional release he deems necessary based on the individual's performance and behavior during his time in prison.

Felony DWI charges in Minnesota are very serious and should be treated as such. Hiring a Minnesota DWI attorney immediately after your arrest is essential to your ability to negotiate or avoid prison time.