Minneapolis DWI and DUI Lawyer & Attorney : Brown Law Firm : Minnesota Drunk Driving, Sobriety Tests : Minneapolis, St. Paul, Twin Cities, Minnesota

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.

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In an April 4, 2008 Minneapolis Star Tribune article entitled "Crackdown on Drunken Drivers Leads to 167 Arrests in March," Tim Harlow outlines the substantial increase (63 more) in the number of Twin Cities DWI citations issued relative to the same period in 2007.  Law enforcement specifically targeted the 15 Minnesota counties in which the most DWI citations are issued. According to Harlow, "From 2004 to 2006, those counties - Anoka, Beltrami, Blue Earth, Cass, Crow Wing, Dakota, Hennepin, Olmsted, Ramsey, Rice, St. Louis, Sherburne, Stearns, Washington and Wright - accounted for more than half of the state's 272 alcohol-related deaths and 762 serious injury accidents."  Read the Minneapolis Star Tribune Article in Full.

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If your driver's license has been revoked because of a refusal to submit to a blood-alcohol test or because of a DUI charge, you can apply for a limited license in certain circumstances. Any action taken to secure a limited license is done through the Minnesota Department of Public Safety.

The Department will issue a limited license if you need to operate a motor vehicle for purposes of employment, to attend chemical dependency treatment, to provide for the medical, educational or nutritional needs for your family or if you need to attend college or trade school courses.

There is a waiting period in order for a driver with a suspended or revoked license to apply for a limited license. First-time offenders must wait 15 days, while those who face a second DWI must wait 90 days. If an individual has refused to submit to a chemical testing on multiple occasions they must wait 180 days to secure a limited license. The waiting period is one year for those who have had their license revoked as a result of a criminal vehicular homicide or manslaughter charge.

The waiting periods described above double for those who are under 18 at the time of the offense. The same is true if a person's blood-alcohol content was .2 or greater at the time of the offense.

For those who face a third DWI charge, a limited license may not be issued.

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The National Highway Traffic Safety Administration in partnership with the Minnesota Department of Public Safety has published a summary of Minnesota DWI & DUI statutes entitled "EZ DWI: A Quick Reference Guide for the Enforcment of DWI and Related Statutes." If you've been charged with a DUI, we know you'll find this information helpful. Click to read the Minnesota DWI EZ Guide.

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The Minnesota Department of Public Safety has issued an informative brochure entitled "Impaired Driving: Penalties and Driver's License Sanctions." Non-lawyers will find this information useful because of its simplicity. Click to view the Minnesota DVS DWI Sentencing Brochure.

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169A.26 THIRD-DEGREE DRIVING WHILE IMPAIRED.

Subdivision 1. Degree described. (a) A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed. (b) A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of third-degree driving while impaired.

Subd. 2. Criminal penalty. Third-degree driving while impaired is a gross misdemeanor. The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable.

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Minnesota Statutes Section 169A addresses DUI  & DWI charges in Minnesota, including first-degree driving while impaired (felony); second-degree driving while impaired (gross misdemeanor); third-degree driving while impaired (gross midemeanor); and fourth-degree driving while impaired (misdemeanor). Driving under the influence, open bottle and other crimes are contained within these statutes as well.

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