Minnesota Felony DWI Conviction Stands Despite Lawyer's Argument that Pending Appeal Meant No "Conviction" for Prior Offense

Posted on April 20, 2009 by Jason C. Brown

In an unpublished decision entitled State v. Johnson, the Minnesota Court of Appeals affirmed the district court's 48 month sentence on a felony DWI conviction. Judge Ross drafted the opinion.

In March of 2007 an officer approached a truck and asked its occupant to shut off the motor. The occupant, Johnson, had a blood alcohol content of .27. Johnson was charged with two counts of first-degree driving while impaired. He pleaded guilty to first-degree DWI and acknowledged that he had prior convictions for alcohol-related driving offenses in 1998, 1999, 2001 and 2005.

At the sentencing hearing, the lawyer for Johnson tried to to persuade the court to disregard the prior felony DWI because Johnson was not on probation for that offense and because it was the subject of an appeal to the Minnesota Court of Appeals at the time he committed the more recent offense. The Scott County district court had found Johnson guilty of felony DWI for the 2005 offense in early 2006. The argument, however, was that that Johnson had not been “convicted” of that offense because of the pending appeal.

Judge Ross wrote:

Johnson’s arguments regarding the timing of his prior appeal and his probation status are immaterial to whether he was previously convicted. Johnson offers no legal basis or plausible reasoning to support his contention that a defendant is not “convicted” until this court decides his appeal. Our opening line deciding that earlier appeal begins, 'Appellant challenges his conviction of first-degree refusal to submit to a chemical test.'

The Court found that because Johnson was convicted of a felony DWI before 2007, the district court properly considered Johnson’s prior conviction and did not err by imposing the presumptive 48 month executed prison sentence.

The more drunk driving convictions a defendant has on their record, the less sympathetic courts are in hearing arguments for a reduced charge or sentence. The Johnson case provides a clear example of a lack of sympathy on the part of Judge Ross, who wrote, "Johnson’s arguments miss the mark." It doesn't get much clearer than that. Kudos to counsel for trying.

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Summary of Minnesota DWI Charges

Posted on February 14, 2009 by Jason C. Brown

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:

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.

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Felony DWI in Minnesota: Among the Toughest Drunk Driving Laws in the Nation

Posted on November 25, 2008 by Jason C. Brown

Minnesota's felony DWI laws are among the toughest in the country. According to the Minnesota Felony DWI statute, a person who violates section 169A.20 (driving while impaired) is guilty of first-degree driving while impaired if the person:

  • Commits the violation within ten years of the first of three or more qualified prior impaired driving incidents; or 
  • Has previously been convicted of a felony DWI.

A person who commits first-degree driving while impaired is guilty of a felony and may be sentenced to imprisonment for not more than seven years (longer if they have a criminal history), or to payment of a fine of not more than $14,000, or both.

A person confined to prison for a felony DWI in Minnesota is not eligible for early release unless the inmate has successfully completed a chemical dependency treatment program while incarcerated. The court will also require a felony DWI offender to remain on conditional release for five years following release. The former inmate is subject to any conditions that the commissioner of corrections opts to impose, including an intensive probation program. If the defendant fails to comply with the release conditions, the commissioner of corrections may revoke probation and return them to prison.

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