In DWI

In a Minnesota DWI case, you will be charged with a specific degree of the crime. If you are a first time offender and have no other aggravating factors, your crime will be labeled a fourth degree DWI. This is considered a misdemeanor. You can be sentenced to ninety days or less in jail and pay $1000 in fines. You will lose your license for ninety days.

If you have one aggravating factor against you, or if you refuse to take the chemical test to determine your alcohol level, then you are facing a third degree Minnesota DWI. This means that you are charged with a gross misdemeanor and face up to a year of incarceration and a fine that can be as high as $3,000. You could lose your license for up to six months.

Two aggravating factors are considered a second degree Minnesota DWI. This means that you face gross misdemeanor charges and the same punishments as the third degree charges. However, if you are guilty of two aggravating factors you will also have your vehicle impounded.

If you have all three of the aggravating factors present, you will be looking at up to five years in jail and a felony charge. Not only that, but the fine jumps to $10,000. Your car will be impounded and you will lose your license indefinitely. You should talk to a lawyer to ensure that your driving privileges are protected. Here is a summary of the different degrees of charges:
First Offense Minnesota DWI

  • Up to 90 days in jail
  • Up to $1,000 in fines
  • $130 chemical assessment surcharge
  • $35 criminal/traffic surcharge
  • Up to 90 days license suspension

Second Offense Minnesota DWI

  • Minimum 30 days in jail up to 1 year in jail
  • Up to $3,000 in fines
  • $130 chemical assessment
  • $35 criminal/traffic surcharge
  • Up to 180 days drivers license suspension
  • Possible vehicle impounding

Third Offense Within 10 Years Minnesota DWI

  • Minimum 90 days in jail up to 1 year
  • Up to $3,000 in fines
  • $130 chemical assessment surcharge
  • $35 criminal/traffic surcharge
  • Minimum 1 year license revocation
  • Possible vehicle impounding

Fourth Offense Within 10 Years Minnesota DWI

  • Minimum 180 days in jail up to 1 year
  • Up to $3,000 in fines
  • $130 chemical assessment surcharge
  • $35 criminal/traffic surcharge
  • Minimum 2 year license revocation
  • Possible vehicle forfeiture

Fifth or Subsequent Offense Within 10 Years Minnesota DWI

  • Minimum 1 year in jail
  • Up to $3,000 in fines
  • $130 chemical assessment surcharge
  • $35 criminal/traffic surcharge
  • Minimum 2 year license revocation
  • Possible vehicle forfeiture

First Degree within 10 years Minnesota DWI

  • Felony offense
  • 3 to 7 years in prison
  • Up to $14,000 in fines
  • $130 chemical assessment surcharge
  • $35 criminal/traffic surcharge
  • Minimum 2 year license revocation
  • Possible vehicle forfeiture

Minnesota BAC Assumptions

  • BAC levels of .04 or greater are considered to be relevant evidence of driver impairment, but not assumed.

Minnesota Implied Consent Laws

  • Chemical testing is allowed. Blood, breath or urine to be selected by the officer.
  • The officer is required to advise the defendant that a breath test is required and that the refusal to submit is a crime. The defendant has the right to contact an attorney prior to testing.
  • Test results of .08 or greater result in a 30 day license suspension.
  • Test refusal carries a 1 year license suspension. BAC evidence is admissible in court.

Chemical Testing

  • Blood draws must be performed by a licensed physician, registered nurse or other qualified individual.
  • The defendant has the right to an independent chemical test. The costs of the independent test are the responsibility of the defendant.
  • Minnesota has no statutory provisions regarding the disclosure of test results to the defendant or their Minnesota DWI attorney.