DWI / DUI

 

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DWI (Driving while Impaired) or also known as DUI (Driving under the Influence) is a very serious charge.  Being arrested or even charged with one of these crimes means almost certain revocation of your drivers license (often before you even set foot in court).  In addition, DWI/DUI is an enhancable offence which means that that the penalties will increase based on aggravating factors. 

Listed below is some basic information relating to DWI.  If you are charged with a DWI or DUI, I strongly advise that you speak with an attorney (even if it is not us).  Our consultation is free, and you will have a much better understanding of what you are facing.

 

DWI is based on Minnesota Statute §169A.20

It includes the following offenses:

bullet

Driving while under the influence of Alcohol

bulletDriving while under the influence of a controlled substance
bulletDriving with an alcohol concentration of .08 or more
bulletDriving a commercial vehicle with an alcohol concentration of .04 or more
bulletrefusing to submit to blood, breath, or urine test

Whether your DWI offense is charged as a Misdemeanor, Gross Misdemeanor (and Also), or Felony depends on aggravating factors such as:

bulletPrevious impaired driving convictions or impaired driving related loss of license within the last 10 years
bullethaving an alcohol concentration of .20 or more
bulletchild endangerment

4th Degree DWI is the lowest DWI charge.  It is usually charged as your first offense without any of the above aggravating factors.  It is a Misdemeanor.  Prosecutors usually ask that a defendant spend some time in jail.

3rd Degree DWI usually is a result of having at least one aggravating factor (usually having a alcohol concentration over .20).  If this is your second offence, conviction will result in a minimum of 30 days in jail. By statute, under certain conditions, the Judge cannot release you without mandatory bail or other intrusive conditions.

2nd Degree DWI is usually a result of having at least two aggravating factors.  This is also a Gross Misdemeanor, and conviction carries with it a minimum of 90 days in jail if this is your 3rd offense.  By statute, the Judge cannot release you without mandatory bail or other intrusive conditions.

1st Degree DWI is a felony.  This is the most serious DWI offense.  Conviction requires that you spend a minimum of 3 years in Prison.  If you are charged with 1st Degree DWI, you need to speak with an attorney right away!