In Minnesota, if a person tests above the legal limit of intoxication, 0.08% BAC, or presents and obvious use of illegal substances, the law states that you are not to drive, operate, or be in physical control of any motor vehicle in the state and state-regulated waterways, which includes motorboats, snowmobiles, and even riding lawn mowers driven on public roads.
Minnesota takes DWIs very seriously and your consequences increase with every DWI arrest. The consequences of the first DWI serve as a warning, to encourage a person from future drinking before, or while, driving.
So, what are the potential consequences beyond the initial DWI, and what can we do to lessen these hardships?
The Consequences For A First DWI Are Serious Enough
An initial DWI, without any previous DWI charges in the last ten years, a BAC of under 0.16%, while being alone in the car, you could expect to pay a healthy fine up to $1000 and even spend some time in jail, unless you have an excellent attorney. Your license could also be revoked, your plates could be impounded, and your vehicle forfeited to the state.
You may also face further fines and charges along with rehabilitation costs, reinstatement fees, and what are technically impound lot rental fees if your vehicle was forfeited. These consequences are harsh, and they only get worse with each further arrest. Remember, test refusal automatically means that the test has been failed, and the person is deemed guilty of an offense.
Let’s break it down.
Criminal Penalties For Additional DWI Offenses
The criminal penalties for DWIs are the punishments that take you away from your family and your job. While decreasing your fines will be addressed by your attorney, much of their attention will be spent in keeping you out of jail.
Your initial DWI has the potential to land you in jail for 90 days, depending on aggravating factors, but a second DWI may very well get you a minimum of 30 days of incarceration. Occasionally, a person with a 2nd DWI will be asked to spend 48-hours in jail and serve the rest of their time doing full-time community service. This means that if you spend 2 days in jail, you will owe 28 days, 8-hours a day, of community service required by the state.
A 3rd DWI within ten years may land you in jail for a minimum of 90 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility.
The penalties for a 4th DWI consist of at least 30, but no more than 180 days, in jail. Again, you must spend at least 30 full days inside jail for probation to be considered for the rest of the 180 days.
A 5th DWI in ten years may just get you at least a year in jail, or prison, and a person must spend at least 60-days before being considered for probation.
Minnesota has a program of intensive probation for repeat offenders that gives some people the chance for home-detention instead of an actual jail presence or an ignition interlock program when home detention isn’t advisable. A detail discussion with your attorney about your case will give you a better, clearer picture on the alternatives available based on the details of your particular offense.
But there are more consequences to consider, aside from jail or prison time.
Administrative Penalties For Additional DWI Offenses
If a test is refused, or your BAC is over 0.16, your license can be immediately confiscated, no matter whether you have a previous offense. If you receive a 2nd DWI within ten years of the first, or a third one in your lifetime, then your license can be revoked for an entire year.
If this is your 3rd DWI in ten years, or the 4th on your record, your license can be canceled, and its renewal denied for three years. For a 4th DWI, any previous DWIs automatically count, and your license can be canceled for four years, with an inability to renew until that time is up.
If you were to receive a 5th DWI in your lifetime, your license will be suspended for at least six years and, depending on the details and how many DWIs you actually have, your license could be permanently suspended.
Any further DWIs after five may accompany other related charges and the seriousness of your punishments will increase exponentially.
Be Represented & Defended By DeVore Criminal Defense
Much like with the criminal penalties, the consequences increase if an accident caused any bodily harm, serious or minor, and even death. You need support and guidance to get you through this time.
You will be required to attend rehab, take UA tests, and even, under certain circumstances, have to retake your driver’s exam. Interlock devices and ankle monitors can be expensive and tack on hundreds of dollars to the money you will already owe. We don’t want that.
It’s essential for you to contact an experienced and compassionate attorney who understands where you are and what you can do decrease your consequences.
Devore Criminal Defense just so happens to have the most knowledgeable and supportive attorney available near you. SuperLawyer, Kevin DeVore, has successfully defended clients in both state and federal court and has specialized knowledge of DWI cases and laws. He is your best defense against serious and repetitive DWI offenses here in Minnesota.
It’s important to Mr. DeVore that his clients be able to successfully communicate with him during any part of their case. Give us a call at 651-435-6500 to schedule your free initial interview. Let’s get started on your defense today.
Posted 3rd December 2021 by DeVore Law Office