Hundreds of thousands of people appear in court for driving-related issues in the United States every year. According to data from the American Addiction Centers, there are around 344 arrests for DWI offenses per 100,000 people in the state of Minnesota alone every year.
However, drunk driving isn’t the only offense that can get drivers in trouble. Careless driving is another criminal charge you might potentially face if you misbehave on the road.
But how do the authorities decide how to categorize these offenses? Does drunk driving qualify as a type of careless driving, and can it therefore result in two separate charges?
We untangle this question for you in this blog post.
DWI in Minnesota
Driving while intoxicated (DWI) in Minnesota involves operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs or other intoxicating substances.
Drunk driving charges range in seriousness from a fourth-degree DWI (a misdemeanor) to a first-degree DWI (a felony carrying potential penalties of up to 7 years in prison and a fine of up to $14,000). You will also face an automatic license revocation if you get convicted of a DWI in Minnesota; for first-time offenders, the suspension period is usually 90 days, though courts often agree to reduce this to 30 days for defendants who enter guilty pleas.
Careless Driving in Minnesota
Per Section 169.13 of the Minnesota Statutes, careless driving is defined as operating a vehicle “in a manner that endangers or is likely to endanger any property or person, including the driver or passengers of the vehicle”
Like a fourth-degree DWI, careless driving is a misdemeanor charge that comes with maximum penalties of 90 days in jail and a $1,000 fine. However, prosecutors are more likely to push for maximum sentences in DWI cases, and there’s no automatic license suspension to worry about with a careless driving charge.
Careless driving can be applied to a variety of dangerous driving behaviors, including speeding, aggressive driving, and ignoring traffic signals.
Can You Be Charged with Both DWI and Careless Driving in Minnesota?
It is possible to be charged with both DWI and careless driving for the same incident in Minnesota.
Consider this in the context of two hypothetical drivers. One is on the road with a blood alcohol concentration of 0.09% (over the legal limit), but is otherwise driving safely. The other has the same amount of alcohol in their system, but is driving over the speed limit and disregarding road signs.
It wouldn’t be fair to punish both of these drivers in the same way. A court might charge the first individual with DWI, and the second with both DWI and careless driving.
You should note that this overly simplistic example does not fully reflect the complications that can arise in cases like this. To learn more about how the rules are likely to apply in your situation, you’ll need to consult with an expert lawyer.
Can a DWI Charge Be Reduced to Careless Driving in Minnesota?
Your lawyer may be able to negotiate the reduction of your DWI charge to careless driving as part of a plea bargain, especially if your BAC was close to the legal limit or if there are other mitigating circumstances.
However, this will depend on the specifics of your case and the discretion of the prosecuting attorney. To give yourself the best possible chance of emerging with a positive result like this, you should take care to choose a Minnesota DWI attorney with a long track record of success.
Get the Help You Need With Your Minnesota DWI or Careless Driving Case
Whether you’re facing a careless driving charge, a DWI, or both, our firm can help you. Contact us today to schedule a free initial consultation about your case.
