DWI/DUI and Driving Offenses

DWI/DUI

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 driver's license (often before you even set foot in court). In addition, DWI/DUI is an enhancable offence which means the penalties will increase based on prior convictions or other 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:

	Driving while under the influence of alcohol
	Driving while under the influence of a controlled substance
	Driving with an alcohol concentration of .08 or more
	Driving a commercial vehicle with an alcohol concentration of .04 or more
	Refusing 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:

	Previous impaired driving convictions or impaired driving related loss of license within the last 10 years
	having an alcohol concentration of .20 or more
	child endangerment (having a child in the car)

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.

3rd Degree DWI is a result of having at least one aggravating factor. If this is your second offence, conviction will result in a minimum of 30 days in jail. In addition, by statute, under certain conditions, the judge cannot release you without mandatory bail or other intrusive conditions.

2nd Degree DWI is the 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 can result in you being sent to prison for a minimum of 3 years. If you are charged with 1st Degree DWI, you need to speak with an attorney right away!

DAR/DAS/DAC-IPS

The second most common driving offenses that I am contacted about is Driving After Revocation /Suspension /Cancellation. In most instances, this offense is a misdemeanor. Depending on your circumstances and your previous driving record, prosecutors will usually ask for jail time as part of your sentence. Often, a plea agreement worked out by an attorney will result in no jail time, or less jail time than you would face without an attorney.

It should be noted that failure to pay any fines will result in the suspension of your driving privileges. Many of my clients tell me that they never receive notification from the Department of Public Safety informing them that their licenses are suspended, so it is very important that all fines are paid.

Another common offense is Driving with No Proof of Insurance. This is serious for two reasons. First, if you are convicted, your driver's license will be suspended and your vehicle registration will be revoked. And second, this is an enhancable offense. If you receive your third ticket for No Proof of Insurance within 10 years of your previous two convictions, you will be charged with a gross misdemeanor. It is highly advisable to speak with an attorney if you are charged with this crime.

There are many other vehicle related crimes. To the right is a list of common crimes and links to their corresponding state statute. If you are charged with one of these crimes, or any other crime, you should speak with an attorney. It is free.