Kevin DeVore Will Fight For Your Rights in Minneapolis & St. Paul
DUI laws in Minnesota don’t promote public safety by only regulating motor vehicles on the roads. Instead, this legislative framework also covers boats, automobiles, and ATVs. Stated simply, you can be charged and convicted for boating while intoxicated (BWI), ATV-ing while intoxicated (AWI), and snowmobiling while intoxicated (SWI).
These charges are prosecuted aggressively in Minnesota since the crime affects public safety. As such, a charge that is accompanied by a successful conviction can seriously impact your life. In addition to the criminal sanctions, you may miss out on a job and other opportunities due to your criminal record.
For this reason, you will need a competent and qualified BWI, SWI, and AWI defense in Minnesota who will help safeguard your rights and ensure that you defeat all the charges altogether.
Understanding BWI, SWI, and AWI in Minnesota
There is a genuine concern arising from the risk of accidents and deaths associated with BWI, SWI, and AWI in Minnesota. To prevent this, the legal framework surrounding BWI, SWI, and AWI provide stringent penalties for the offenders.
Normally, you will be charged with the offense if you are caught snowmobiling with a blood alcohol content of .08 or higher. To sustain the charge, the prosecution will need to prove that you were boating or snowmobiling while intoxicated. What’s more, demonstrating that your BAC level exceeded .08 mg would provide cogent evidence that you violated the law
Noteworthy is that the charge still applies to those under the age of 21. A minor, considered to be a person below 21 years, may face severe consequences associated with the charge. This is because the law operates under a “Not a drop law” principle which prohibits minors from driving with alcohol in their system.
That said if you are facing a BWI, SWI, or AWI charge in Minnesota, having a criminal defense attorney by your side would be best. Essentially, an attorney may help avoid conviction or may have the charges reduced.
What are the potential penalties associated with a BWI, SWI, or AWI charge in Minnesota?
For a first-time offender, the governor will be classified as a Misdemeanor. This means that you will likely face up to 90 days in jail and a $ 1,000 fine upon conviction. In addition to the criminal sanctions, you may face administrative sanctions that involve license suspension for up to 90 days.
On the other hand, a repeat offender is likely to face stringent penalties. Often, the penalties imposed on repeat offenders depend on aggravating factors that affect the classification of the initial charge.
Which aggravating factors may affect your BWI, SWI, or AWI charge in Minnesota?
If you are caught boating or snowmobiling while intoxicated, the prosecution will consider several factors in order to proceed with the charges. These factors, often called aggravating factors, are also taken into account by the court when imposing penalties on the offender.
Some of the critical factors taken into account include:
- A prior conviction of the same charge
- Operating a boat/ATV/ Snowmobile with an alcohol concentration of .16 or more
- If there was a passenger under the age of 16 at the time of the offense
Normally the charge will be classified as a second or third-degree misdemeanor that carries syringe penalties. And in addition to the lengthy jail time, you will likely face a $ 3,000 fine upon conviction.
That said, if you were caught operating a boat, ATV, or snowmobile while driving, you need to seek legal counsel immediately. An attorney at the Devore law firm can help you understand the nature of your charges and, at the same time, will work hard to ensure that you avoid conviction.
Facing a BWI, AWI, or SWI in Minnesota? Contact an Attorney
Suppose you or your loved one is facing a serious criminal charge in Minnesota that involves boating, snowmobiling, or ATV-ing while intoxicated. In that case, you need to act quickly to avoid the criminal sanctions associated with the offense. The charge is prosecuted aggressively, which means that you might have difficulty navigating the criminal justice system.
For this reason, you will need a criminal defense attorney by your side to help you have the charges dropped or deafest the charges altogether. Even if your case seems to be merited, a defense attorney at the DeVore law firm will help build a robust defense geared towards achieving a successful outcome in your case.
Contact us today for a free case evaluation.
Posted 30th June 2022 by DeVore Law Office