Degrees of DWI Charges in Minnesota

Anyone facing a drunk driving case in Minneapolis, MN must have, at the very least, a basic understanding of the state’s laws. A particular area of drunk driving laws you may want to look at closely are the different levels of DWI charges that an individual may face.

According to Minnesota laws, there are four degrees or levels of DWI charges that one may face:

Fourth Degree DWI

The lowest level of DWI charge a person may face in Minnesota is a Fourth Degree DWI, which is considered to be a misdemeanor. An individual is charged with a Fourth Degree DWI when he or she has no other DWI violations within ten years prior to the current case. Additionally, no aggravating factors must exist, and the driver must submit to the evidentiary blood, urine, or breath test. A person convicted of a 4th Degree DWI may face a fine of up to $1,000 and up to 90 days behind bars.

Third Degree DWI

A person is charged with a Third Degree DWI, a gross misdemeanor, if he or she has one prior DWI violation within ten years of the current offense. If an individual has no prior DWI violations, he or she may still be charged with a Third Degree DWI if there is one aggravating factor present at the time of the offense, or if he or she refuses to submit to the evidentiary blood, urine, or breath test. A person convicted of 3rd Degree DWI may face a fine of up to $3,000 and up to one year behind bars.

Second Degree DWI

A person is charged with Second Degree DWI, a gross misdemeanor, if he or she has two prior DWI violations within ten years of the current offense. An individual with no prior DWI violations may still be charged with a 2nd Degree DWI if there are two aggravating factors present at the time of the offense, or if he or she refuses to submit to the evidentiary blood, urine, or breath test and there is one aggravating factor present at the time of the arrest. If convicted of Second Degree DWI, a person may face a fine of up to $3,000 and up to one year behind bars.

First Degree DWI

A person is charged with First Degree DWI, a felony, if he or she has three prior DWI violations within ten year of the current offense, or if he or she has been charged with a prior felony DWI at any point in the past. A person may also be charged with 1st degree DWI if he or she has a prior conviction for a felony charge of criminal vehicular homicide or criminal vehicular operation. No aggravating factors are taken into consideration. If convicted of First Degree DWI, a person may face a fine of up to $14,000 and up to seven years behind bars.

Hiring a DWI Minneapolis Lawyer

Of course, while the information provided is designed to give you the essential information on DWI laws, nothing can replace the legal advice and assistance of an actual professional. It is therefore important that you seek legal representation from a competent Minnesota drunk driving attorney who will ensure that your rights are protected.

Oftentimes, drivers charged with a first-time DWI opt not to hire a Minnesota DWI attorney. This, quite frankly, is a mistake, as penalties associated with DWI cases are anything but minor. If you are charged with a DWI again in the future, then you may face severe penalties.

If you or a loved one faces a DWI charge in Minnesota, contact Douglas T. Kans of the Kans Law Firm as soon as possible.