Minnesota's Four Degrees of DWI / DUI Charges
Minnesota has four severity levels of DWI / DUI charges in Minnesota. The level of your charge depends on the number of prior offenses and other enhancing factors.
FIRST DEGREE DWI
The most severe is a First Degree DWI. This can be charged only where the state of Minnesota has probable cause to believe the person drove, operated or was in physical control of a motor vehicle while either under the influence of alcohol, had an alcohol concentration of .08 or more, or refused to submit to alcohol testing AND had three prior DWI convictions or license revocations in the past 10 years. This is a felony level offense.
SECOND DEGREE DWI
The next most severe is a second degree DWI. The state can charge a second degree DWI only where it has probable cause to believe the person drove, operated or was in physical control of a motor vehicle while either under the influence of alcohol, had an alcohol concentration of .08 or more, or refused to submit to alcohol testing AND has two enhancing factors. Enhancing factors include prior DWI convictions or license revocations in the past 10 years; having a child under the age of 16 in the vehicle at the time; test refusal and having an alcohol concentration of .20 or more. This is a gross misdemeanor level offense. The maximum penalty is 1 year in jail and a $3,000 fine. It has a minimum penalty of 90 days confinement if the person has two prior DWI convictions or license revocations.
THIRD DEGREE DWI
The third most severe is a third degree DWI. The state can charge this only where it has probable cause to believe the person drove, operated or was in physical control of a motor vehicle while either under the influence of alcohol, had an alcohol concentration of .08 or more, or refused to submit to alcohol testing AND has one enhancing factor. This is also a gross misdemeanor level offense with the same maximum penalties as a Second Degree DWI. It has a minimum penalty of 30 days confinement if the person has one prior DWI conviction or license revocation.
FOURTH DEGREE DWI
Finally, the least severe is a fourth degree DWI. The state can charge this only where it has probable cause to believe the person drove, operated or was in physical control of a motor vehicle while either under the influence of alcohol, had an alcohol concentration of .08 or more. If a person twice the legal limit has a child in the vehicle or refuses to submit to an alcohol test, the state will charge them with a third degree DWI. This is a misdemeanor level offense. The maximum penalty is 90 days in jail and a $1,000 fine.
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While many lawyers merely negotiate the best resolution, the best result in a criminal case comes only with hard work by a skilled practitioner. A good lawyer looks for the way to beat the charges. For example, the stop of the vehicle may be unconstitutional; the officer may have violated the implied consent law or the alcohol test result may be flawed.
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