DWI Enhancement: Aggravating Factors Under Minnesota Law
DWI 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 .20 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 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.
Charged with drunk driving? We can help. The sooner you involve an experienced defense attorney, the better able we will be to gather evidence and address other important elements of your case. Call our Minnesota DWI lawyers now at 612.789.2100 or feel free to contact us through our online consultation form.
