Minnesota has stringent legislation governing drunk driving. This means that even first-time offenders may be subjected to substantial penalties, including lengthy jail time and hefty fines. What’s more, repeat offenders have a more challenging time in the event of a successful conviction of the crime charged.
Often, in a criminal charge, judges exercise discretion by taking into account certain mitigating factors before sentencing an accused person. However, this discretion has been usurped by stringent provisions under Minnesota DWI law. This simply means that multiple offenders are bound to be subjected to the mandatory minimum sentences and the pre-established set of minimum sanctions upon conviction.
Having said that, understanding how Minnesota’s law works for repeat DWI offenders and how an attorney can help is an imperative undertaking. Here is a brief breakdown of some of these facts.
How are multiple DWI offenses determined in St.Paul, Minnesota?
Multiple or repeat offenses are problematic in the way they are calculated. However, Minnesota’s jurisdiction envisions what is known as a ten-year “look back period”. In simple terms, this means that a DWI conviction can be used to enhance subsequent offenses for a period of ten years.
For instance, if you received a DWI 14 years ago and you are arrested for a DWI today, your current charge would be treated as a first offense. On the contrary, if you received a DWI seven years ago and you are arrested for a DWI today, the current DWI charge would be enhanced to a more serious charge.
Potential Penalties for Repeat DWI offenders in Minnesota
A repeat DWI offense carries stringent penalties. These penalties can take the form of mandatory minimum sentences, often outlined under Minnesota statute, and administrative penalties.
Put briefly, a second offense, DWI, is classified as a gross misdemeanor charge. Upon conviction, the resulting penalties you may face include one year in jail and a $3,000 fine. In the same token, you may be assigned 30 days of incarceration as a mandatory minimum sentence.
On the other hand, a third DWI offense is also classified as a gross misdemeanor. The penalties include up to one year in jail and/or a $3,000 fine. The mandatory minimum sentence is 90 days of incarceration.
For a fourth or a fifth DWI offense, the law classifies this as a felony. It is considered a serious charge, and as such most of your rights are likely to be revoked. In addition, the criminal penalties you are likely to face upon conviction include seven years in jail and/or a fine of up to $ 14,000.
In addition to the criminal penalties, administrative sanctions are likely to be imposed on the offender. Some of the common administrative penalties include:
- Vehicle forfeiture
- Impounding of license plates
- Loss of driving privileges
- Requirement for an ignition interlock device
- Mandatory alcohol treatment
- Fines and fees
Facing a Repeat DWI charge in St Paul, Minnesota? Contact an Attorney
If you’ve been charged with a repeat DWI charge in Minnesota, you still have options to build a successful defense. The critical step to achieve this is hiring a competent and qualified attorney in Minnesota. Essentially, an attorney can help you avoid stacking another DWI conviction on your record.
Put briefly, your attorney will help impeach the credibility of the prosecution’s evidence by:
- Demonstrating that the evidence was gathered improperly
- The arresting officers violated your Miranda rights while making the arrest.
- There are paperwork errors.
- Identifying inaccuracies in the results of the final alcohol tests
- Questioning the prosecution’s identity of the person driving the motor vehicle.
These strategies are fundamental in your case because they will definitely help you get your charges dropped or reduced altogether.
Need help?
If you or your loved one is facing a repeat DUI charge in Minnesota, it is imperative to contact an attorney as soon as possible. A conviction can be life-changing and can have severe consequences on your life.
Contact us today to schedule a free consultation.
Posted 31st December 2021 by DeVore Law Office