Minnesota DUI and DWI Law

Seven years is what you could potentially be looking at should you get arrested in Minnesota and are convicted of first degree DWI. Not only that, but you also stand to be ordered to pay a fine up to $14,000 and because it's a felony, you'll lose your rights to vote and bear arms, among other rights. Needless to say, just the thought of these penalties is more than overwhelming. Contacting an attorney should be your first move and it should be done as soon as possible.

Here we'll discuss some of the nuances of Minnesota's tough DUI and DWI laws and how they can affect you should you ever find yourself being charged for breaking any of these laws. The first thing you should understand is that the terms DWI and DUI are used interchangeably due to revisions in Minnesota's laws. Driving under the influence (DUI) and driving while impaired (DWI) are essentially the same but are sometimes confusing due to those changes. Still, being charged with a DWI crime presents stiff penalties and depending on the charges, your past record and any other crimes you find yourself charged with, the repercussions can affect the rest of your life.

So What are the Laws?

Minnesota laws read that a DWI crime includes any person driving, operating or controlling a motor vehicle while under the influence of alcohol, a controlled substance, a hazardous substance or any combination of these. Further, if you're found with a blood alcohol concentration of .08 and are driving a vehicle, you will be arrested. If metabolites of a schedule I or II controlled substance is found in your body and you're operating a vehicle, you will be arrested. There are several aggravating factors that play a role in determining what those charges will ultimately include after your arrest. Some of these factors include:

- Other DUI/DWI arrests over the past decade
- Alcohol concentration of .20
- A minor under the age of 16 who is traveling with you

These are just a few factors and the fact is, the arresting officer is afforded a bit of leeway during the arrest. The penalties vary as well. Using a "tiered" approach, the laws are defined as:

Fourth Degree DWI is considered a misdemeanor and is punished by up to 90 days in jail and the potential of a $1,000 fine.

Third Degree DWI is considered a gross misdemeanor and if you're convicted you face up to one year in jail with a $3,000 fine.

Second Degree DWI is also considered a gross misdemeanor and its determined based on a number of factors such as those listed above.

First Degree DWI, if convicted, is a felony and punishable by up to seven years in prison and up to $14,000 in fines. Again, aggravating factors play a large role in any sentence the judge imposes.

The laws relating to DUI/DWI charges in Minnesota are overwhelming and can be confusing. This only reiterates the importance of consulting an attorney as soon as you can. Allow an experienced lawyer to go to bat for you and help you maneuver the legal waters. Without legal assistance, you stand to lose far more than you ever could have anticipated.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.