State v. KB, Felony DWI Dismissed.
Last year the State of Minnesota charged KB with felony DWI. Police had stopped his vehicle for speeding and ultimately arrested him. A breath test result was 0.10. Because KB was previously convicted in a military court of felony DWI, the state enhanced this first-time Minnesota DWI charge to a felony. [Minnesota law says if a driver has ever been convicted of a felony DWI in Minnesota or under another state statute, any subsequent DWI may be charged as a felony.]
We challenged the felony DWI and argued to the court that since KB hadn’t been previously convicted under either Minnesota law or another state statute that enhancement wasn’t permissible. Last month the judge issued an order throwing out the felony DWI charges.
Ultimately KB pleaded guilty to a first-time misdemeanor DWI and avoided the felony conviction.