Summary of Minnesota DWI Charges
DWI involves the operation of a motor vehicle while under the influence of alcohol to the degree that cognitive and motor skills are impaired. In Minnesota, DWI laws also apply not only to motor vehicles, but also to recreational vehicles, such as ATVs, airplanes, boats and snowmobiles.
Minnesota statutes outline four major categories of drunk driving crimes:
- First Degree (Felony) DWI;
- Second Degree (Gross Misdemeanor) DWI;
- Third Degree (Misdemeanor )DWI; and
- Fourth Degree (Misdemeanor) DWI.
The degree of a DWI in Minnesota depends upon whether "aggravating factors" are present at the time of arrest. These factors include:
- A qualified prior impaired driving incident within the ten years immediately preceding the current offense;
- Having an alcohol concentration of .20 or more as measured at the time, or within two hours of the time, of the offense; and
- Having a child under the age of 16 in the motor vehicle at the time of the offense, if the child is more than 36 months younger than the offender.
A drunk driver is guilty of first-degree DWI if they commit a violation within ten years of the first three or more drunk driving incidents, or have been previously convicted of felony DWI in Minnesota. A drunk driver is guilty of second-degree DWI if two or more aggravating factors were present when the violation was committed. A drunk driver is guilty of third-degree DWI if one aggravating factor was present when the violation was committed. A drunk driver is guilty of fourth-degree DWI if their blood alcohol content totals .08 or more at the time of operating a motor vehicle.
