DWI Enhancement: Aggravating Factors Under Minnesota Law
DUI charges in Minnesota range from misdemeanors to felony-level offenses. The severity of the offense is determined by the number of “aggravating factors” that might be present for a particular drunk driving incident.
Aggravating factors in Minnesota include: (1) a qualified prior “impaired driving incident” within the preceding 10 years; (2) an alcohol concentration of .2 or greater at the time of the offense; or (3) the presence of a child under age 16 in the vehicle (if more than three years younger than the offender). Prior impaired driving incidents include prior convictions and losses of a driver's license due to an implied consent revocation.
If there are no aggravating factors present when the DUI is committed, it will be charged as a fourth-degree misdemeanor DWI. The maximum penalty is a $1000 fine and 90 days of incarceration. If one aggravating factor is present, it will be charged as a third-degree gross misdemeanor DWI. The maximum penalty is a $3000 fine and a one year in jail. If two aggravating factors are present at the time of the offense, it will be charged as a gross misdemeanor second-degree DWI with the same maximum penalties as a third-degree DWI. Finally, if three or more factors are present, a felony first-degree DWI will be charged. The maximum penalty is seven years of incarceration and a $14,000 fine.
