Minneapolis DWI Attorneys & Lawyers

iStock_000005840623Small-150x150 Minneapolis DWI Attorneys & LawyersIf you or a family member is facing drunk driving charges, you need to have some kind of basic understanding of the levels of DWI charges in Minnesota.

Better yet, you can engage the services of a qualified drunk driving defense lawyer to help you understand the charges, their possible consequences, and how to make it through the legal process. As a matter of fact, you do not have to go through the legal process alone at all. With an experienced and aggressive DWI lawyer by your side, you can receive the best possible outcome.

Different Levels Of DWI Charges

You will want to understand the different levels of DWI charges so that you know where you fall and how you got there. According to Minnesota law, there are 4 levels of DWI charges. These are also referred to as “degrees.”

Fourth Degree DWI – A Fourth Degree DWI is a misdemeanor and is usually reserved for those who have no other drunk driving violations within the 10 years preceding this charge. There must also be no aggravating factors present to make it a Fourth Degree DWI. Aggravating Factors include testing (1) .20 or more; (2) having a child under 16 in the car; or (3) having a prior DWI conviction or implied consent revocation on your driver’s license record within the past 10 years. The driver must also not refuse to submit to test at the time of the offense. This is the lowest level of DWI and can have a sentence of up to 90 days in jail and a fine of up to $1,000.

Third Degree DWI – A Third Degree DWI is considered a gross misdemeanor. If you have one prior violation within the past 10 years or a license revocation due to an alcohol related offense, then your qualify for this charge. Even if it is a first offense, having one aggravating factor present can classify the charge as Third Degree. A Third Degree DWI can also be charged if a person refuses a test for alcohol at the station. The penalty is up to a year in jail and a $3,000 fine. The mandatory minimum for a new DWI with one prior within ten years is 30 days jail, of which the Judge may order the driver to serve 28 days of EHM (electronic home monitoring, a.k.a. house arrest) if the judge wants to.

Second Degree DWI – A Second Degree DWI in Minnesota is also considered a gross misdemeanor. If a combination of two driving while impaired incidents and/or implied consent driver’s license revocations from separate incidents have occurred within the past 10 years, then the charge is Second Degree. Even if there are no prior offenses, having two aggravating factors present can constitute a Second Degree DWI (like testing .20 or more AND having a child in the car). A driver can also me charged with a second degree DWI if he has one prior DWI or implied consent revocation and he refuses the test in the current incident. The penalty is up to one year in jail and a $3,000 fine. The mandatory minimum for a new DWI with two prior convictions and or driver’s license revocations within ten years is 90 days jail, of which the Judge may order the driver to serve 60 days of EHM (electronic home monitoring, a.k.a. house arrest) if the judge wants to.

First Degree DWI – A First Degree DWI, or Felony DWI is charged when there have been three prior offenses within the past 10 years. A person can be charged with First Degree if they have been charged with a felony DWI at any time in the past. Aggravating factors are not taken into consideration with this charge. An individual charged with First Degree DWI in Minnesota can face up to 7 years in prison and pay a $14,000 fine. The mandatory minimum sentence is 180 days and the Sentencing Guidelines sentence is 36 months assuming no prior felonies on the record.

As for the aggravating factors that have been mentioned, they include: (1) having a minor in the car who is under the age of 16 or more than 36 months younger than the driver; (2) having a blood alcohol content of .20 or more, or (3) having a prior incidents DWI conviction or implied consent driver’s license revocation within the 10 years preceding the current offense.

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Only a professional and highly skilled DWI defense lawyer can make sure your case is properly addressed and handled efficiently. Our DWI attorneys will thoroughly investigate the circumstances of your arrest, the arresting officer, interview any important eye witnesses, handle all court appearances and documents, and guide you through the criminal justice system to your freedom and peace of mind. If you have questions regarding your DWI charges, potential penalties and risks, or strategies for defending your rights, call our law office at 952-913-1421 or use our online contact form. You have rights – we protect them.

Our Minneapolis DWI defense lawyers represent clients charged in criminal matters throughout the Twin Cities Metro Area and throughout the entire state of Minnesota including such counties as Hennepin County, Ramsey County, Scott County, Dakota County, Washington Counrt, and Sherburne County. We also represent clients throughout Anoka, Andover, Apple Valley, Blaine, Bloomington, Burnsville, Champlin, Chaska, Coon Rapids, Eagan, Edina, Eden Prairie, Lino Lakes, Lakeville, Maple Grove, Maplewood, Minnetonka, Minneapolis, Plymouth, Richfield, Robbinsdale, Roseville, Woodbury and White Bear Lake.