Minnesota
DWI and DUI Law
Based on the consequences driving under the influence is a criminal offense in
Minnesota
. Penalties can include fines, jail time, and other punishments designed to punish offenders and try to prevent further offenses. DUI law is a very specialized area for attorneys. Working with a lawyer who does not specialize in DUI law may mean that you do not have the best chance for a good outcome from your case. Hiring an experienced and skilled Minnesota DUI lawyer can give you an advantage because these trained attorneys have access to expert witnesses and are experienced in reviewing DUI case information and chemical testing results. If you want to win your DUI case or minimize the penalties imposed if you are convicted, it is in your best interest to consult with a Minnesota DUI attorney.
Minnesota
DWI Arrests
If you are arrested for driving under the influence in the state of
Minnesota
, you will have one right that is different from the rights of offenders in other states. In
Minnesota
, you will be allowed to contact a Minnesota DUI lawyer before you take a chemical test to find out the level of alcohol concentration present in your blood. Because many people do not know of a specialized DUI attorney, law enforcement officers must give you a telephone directory so you can find one and contact one after your arrest. You should contact one of these attorneys immediately after your arrest so your rights remain intact and you have the best chance of defending yourself against a drunken driving charge.
In
Minnesota
, your arrest for driving under the influence will result in the commencement of two different cases. One is the criminal case where criminal charges are filed against you for driving under the influence. If convicted, you face criminal penalties including fines and possible jail time. The second case is an administrative case where the state will seek to suspend your license for a period of time determined by the number of DUI offenses on your record and the laws concerning driving under the influence. Both types of cases have consequences that can impact your life forever. If you have refused to take a chemical test, you will also face additional criminal charges since refusal is a separate criminal offense in
Minnesota
. Consulting with a Minnesota DUI lawyer is extremely important if you want to stay out of jail and keep your driver's license. Working with a skilled Minnesota DUI attorney can help you to avoid a conviction or minimize the effects of the penalties imposed in your case.
Criminal Penalties for
Minnesota
DUI
If you are convicted of driving under the influence in the state of
Minnesota
, there are a number of penalties that can be imposed. A first DWI offense can result in up to 90 days of jail time, fines, mandatory participation in alcohol education programs, and driver's license suspension or revocation. Aggravating factors may cause the court to classify a first offense as a gross misdemeanor. In this case, the penalties can be up to one year of jail time and a fine of $3,000. A second DWI offense in
Minnesota
is classified as a gross misdemeanor and carries penalties of up to one year in jail and a fine of $3,000. A third DWI offense results in jail time and fines as well as vehicle impoundment and alcohol abuse evaluation. A fourth DWI offense in
Minnesota
is classified as a felony if it occurs within 10 years of prior DWI convictions. The penalties for this level of offense include three years in prison and fines of no less than $14,000.
The penalties imposed if you are convicted of DWI may be based on the degree of the charges you face and any aggravating factors. Aggravating factors may include having a prior offense within a ten year period, having a blood alcohol concentration of twice the legal limit, and having a child in the vehicle while committing a DWI offense. A first degree DWI is when three or more aggravating factors exist in a DWI case. This type of offense is classified as a felony and may result in up to five years in jail and $10,000 in fines. Second degree DWI offenses are considered to be gross misdemeanors and may result in up to one year in jail and a $3,000 fine. The court may also confiscate the driver's license plates or seek to have the vehicle forfeited. A third degree DUI offense is charged if only one aggravating factor was involved or if the driver of the vehicle refused chemical testing. This is punishable by up to one year in jail and a $3,000 fine. Fourth degree DWI charges are filed if no aggravating factors exist. This is classified as a misdemeanor offense and can result in up to 90 days in jail and a $1,000 fine. If you want to have the best chance of minimizing the impact of these penalties, consult with a Minnesota DUI attorney.
Administrative Driver's License Penalties
Refusal to submit to chemical testing will result in a license revocation period of at least one year. If you do submit to chemical testing and exceed the 0.08% legal limit of blood alcohol concentration, you will lose your license for 90 days. If you were under the age of 21 at the time of the offense, the suspension period is 6 months. A suspension period of 180 days can also be imposed if you had your license revoked within a ten-year time period for an alcohol-related offense. BAC levels that are twice the legal limit will result in double the suspension periods. There are several steps you must complete before your license is reinstated after this type of offense. You must pass a written DWI driver's license test administered by the state and pay a reinstatement fee of $680.00. You must also reapply for a
Minnesota
driver's license and pay a fee of $18.50 for reapplying. You must also follow any other requirements set forth by Driver and Vehicle Services. These requirements may include alcohol education or alcohol treatment.
If you have a second or subsequent DWI offense within a five-year period, the license suspension period is at least one year. Depending on the number of convictions against you, your license may be permanently revoked. If you want to drive again, you will have to prove to the Minnesota Commissioner of Public Safety that you have been rehabilitated. Depending on the circumstances of your conviction, you may be eligible for a restricted license during the suspension period. This restricted license would allow you to drive to and from work and any other necessary locations. Getting this restricted license requires you to pay a reinstatement fee, pay a reapplication fee, have an interview with a Driver Evaluator, and take and pass a DWI driver's test. The Evaluator will decide if you are eligible for a restricted license and will also decide what the limitations on this license will be. Working with an experienced
Minnesota
lawyer is the only possible chance to reduce the penalties imposed upon you.