Most DWI charges in Minnesota are misdemeanors. Misdemeanor charges are bad enough, carrying hefty penalties and even jail time. Felony DWI charges are typically reserved for either repeat offenders or those cases with extreme circumstance. But if you are facing felony charges, you need to be aware of the impact those charges can have on your life.
There is a big difference between a misdemeanor and a felony DWI charge in Minnesota. While both carry administrative as well as criminal sanctions, a felony DWI (sometimes referred to as a first-degree DWI) carries much harsher implications. Not only is a felony DWI more expensive and come with more jail time, but the impact of that felony charge can also follow you for a lifetime.
What’s the Difference Between a Misdemeanor and Felony DWI?
Fourth, Third, and Second Degree DWI charges are all considered to be misdemeanors on your record. These misdemeanors come with up to one year of jail time and a $3,000 fine, according to Minnesota State Law. The ongoing impact of a misdemeanor charge is relatively minimal, especially if it’s the only one on your record. A felony, on the other hand, comes with up to seven years of jail time and a $14,000 fee, a marked increase from the misdemeanor charges.
So what causes a DWI charge to go from misdemeanor to felony? A felony charge happens under any of the following circumstances:
- It’s your fourth DWI charge in a ten year period.
- You’ve been previously charged with a felony DWI offense.
- You already have a felony on your record for criminal vehicular injury or homicide
There are also “aggravating factors” that can increase your charges. A DWI with no aggravating factors is a fourth-degree DWI, or the least severe charge you can get. A DWI charge with three or more aggravating factors will most likely become a felony charge. Aggravating factors include:
- Having a child in the car at the time of the arrest
- Driving with a blood alcohol level twice the legal limit, or over .16
- Injury or bodily harm to another party
The Minnesota legal system takes felony DWIs very seriously. There is unlikely to be much leniency from prosecutors and judges on your case. That’s why if you are facing felony charges, you’ll want to immediately contact an experienced Minnesota DWI attorney to handle your case. Judges and prosecutors have a lot of power when it comes to deciding both the jail time and fines that you’ll face on a felony. The stronger your case, the less impact this felony charge may have on your life.
What Are the Consequences of a Felony DWI?
Remember that being charged with a felony and being convicted of one are two very different things. You can have a charge and still found innocent and have the charged dropped from your record. A conviction, though, has a massive effect. If convicted of a felony DWI, the implications are both immediate and long-lasting.
First, the immediate impact as reported by the Minnesota Department of Public Safety:
- License canceled in the interest of public safety
- Vehicle forfeited
- License plates impounded
- Up to seven years in prison
- A fine of up to $14,000 (not including additional court fees)
That’s just the beginning, though. A felony conviction means you’ll also have to complete some sort of mandatory substance abuse counseling. You may be able to do this in jail, which could help reduce your sentence and get you out on early release. Judges have a lot of say about how much jail time to give in felony DWI cases. Putting together the strongest case possible can help reduce your jail time and could help you keep your job and continue your education. That further reduces the negative impact the conviction can have on your life.
Once you’ve served your mandatory jail time, though, you will get out on conditional release (also known as probation). This usually lasts for about five years. During this time, you’ll need to check in with a probation officer each week. This can be a hassle to balance with your work and social schedule, but it’s mandatory. During your appointments, you’ll need to show that you are meeting all the conditions of your release. This often includes not drinking (verified with random urine testing) and not operating a vehicle. If you fail to meet the conditions of your release, you’ll go back to prison and could possibly face additional charges.
Even when you complete your jail time and probation, the DWI conviction will continue to affect your life. A felony on your record can:
- Show up on any criminal background check for the rest of your life
- Force you to drive with a breathalyzer in your car
- Prohibit you from taking certain types of employment, particularly those that involve driving
- Make you ineligible to live in certain housing developments
- Prevent you from being able to vote in local and federal elections
- Stop you from owning a firearm, either for hunting or personal safety
These restrictions don’t go away after a certain time, either. That felony will follow you around for a lifetime.
Make Sure You Have Someone to Help You Fight Felony DWI Charges
Because felony charges can have such a hugely negative impact on your life, it’s important that you work with an attorney to try to reduce them. An experienced DWI attorney can help build a solid defense around your case. That might include identifying mishandled evidence or faulty testing that’s put you in this difficult situation. An attorney can help guide you through the complicated legal system, too. They will argue on your behalf for reduced charges or even assist in getting your case dismissed altogether.
Contact Criminal Defense Attorney Kevin DeVore Today
Don’t assume that because you are facing a felony, you’ve run out of options. Facing criminal charges means you need someone in your corner who understands how the system works. Attorney Kevin DeVore knows your rights and will fight to protect them. Contact Kevin DeVore, St. Paul Criminal Defense Lawyer, for a free consultation on your case today.
Posted 11th July 2019 by DeVore Criminal Defense