You’ve just been charged with a DWI offense and you’re looking at the range of sentences you could face if you’re convicted. Naturally enough, you’re worried about the possibility of spending time behind bars.
So, is jail time mandatory in Minnesota DWI cases?
In reality, the answer to this question is “it depends”. In this post, we’ll look at the circumstances in which jail time may result from a DWI conviction, and explore the alternatives as well.
When Jail Time Is Not Mandatory in Minnesota DWI Cases
As noted above, jail time is not mandatory in some Minnesota DWI cases, particularly offenses where there is no prior DWI conviction or license revocation for alcohol within 10 years of the current offense date.
While the court has the discretion to impose up to 90 days in jail in first-time DWI cases, most defendants in this position avoid jail, especially if there are no aggravating factors involved. Instead, penalties generally include fines, license suspension, organized community work service programs and mandatory participation in alcohol education programs.
When Jail Time Is More Likely
While jail time is not the norm in these cases, it is a possibility. The circumstances that make a custodial sentence more likely are outlined below.
Repeat Offenses
Repeat offenses are the most common feature of DWI convictions that result in jail time.
A second DWI offense within a decade carries a mandatory minimum of 30 days of incarceration, with at least 48 hours served in a local correctional facility. However, after this initial two days behind bars, the court may allow the remainder of the sentence to be served through community service or electronic home monitoring.
A third offense within 10 years escalates the consequences further. Here, you’ll face a minimum of 90 consecutive days behind bars, and you could be imprisoned for up to a year. Alternative sentencing options may be available after the initial 30 days jail , but you’ll still have to spend some time in jail unless your legal counsel is able to argue for a departure, if your situation allows it under the law.
Fourth and subsequent DWI offenses within ten years are treated as felonies in Minnesota. A fourth offense mandates a minimum of 180 days of incarceration, with at least 30 days served consecutively in a local jail or workhouse.
Aggravating Factors
Certain circumstances can elevate the severity of a DWI charge, leading to mandatory jail time even for first-time offenders. These aggravating factors include:
- High BAC levels: A blood alcohol concentration (BAC) of 0.16% or higher (the basic legal limit is 0.08%).
- Child endangerment: Having a child under 16 in the vehicle at the time of the offense.
- Test refusal: Refusing to submit to chemical testing. Although not defined as an “aggravating factor” per se by statute, refusing the chemical test can cause the charges to be enhanced to a more serious degree of a DWI charge.
Alternatives to Jail Time
As noted above, there are certain alternatives to jail time that you may be able to apply for during sentencing. Minnesota offers several such alternatives, depending on the specifics of the case.
Electronic Home Monitoring (EHM)
EHM could allow you to serve your sentence under house arrest, monitored electronically (usually by an ankle bracelet). This option provides the opportunity to maintain employment and family responsibilities while serving your sentence. While this is generally preferable to jail time, ankle bracelets are difficult to hide and usually come with a daily fee.
Intensive Probation Programs
Programs like DWI Court offer structured supervision, including regular check-ins, mandatory treatment, and strict compliance requirements. Successful completion can reduce or eliminate jail time.
Community Service
Courts may permit you to perform community service in lieu of jail time. The standard conversion is eight hours of service for each day of jail time waived.
Staggered Sentencing
This approach divides the jail sentence into segments served over time, allowing for periods of release between incarceration. Compliance with probation conditions during release periods can influence the court’s decision to suspend remaining jail time.
Take Control of Your Future with a Skilled Minnesota DWI Attorney
If you’re facing a Minnesota DWI charge and you’re not sure what to do next, speaking with a capable lawyer is the first step you should take. Contact us today to schedule a free initial consultation about your case.
