Did you know that, while there may be six degrees of separation, there are only four degrees of DWI in Minnesota? A Fourth Degree Minnesota DWI is the least serious offense as it is a simple misdemeanor with a maximum sentence of 90 days in jail and a $1,000.00 fine. A person will be charged with a 4th degree DWI if it is their first offense in ten years and either: (1) The police officer believes the individual is impaired by drugs or alcohol, or (2) The individual tests at or above .08% alcohol level but below .16% alcohol concentration level.
A Third-Degree Minnesota DWI is gross misdemeanor offense with a maximum penalty of 364 days in jail and a $3,000.00 fine? A person will be charged with a 3rd Degree DWI if their DWI arrest contains one “aggravating factor”. The following are “aggravating factors”: (1) A prior DWI conviction or license revocation within 10 years of the current arrest; (2) An evidentiary test (blood, breath or urine) result of .16% or greater alcohol concentration level; (3) An evidentiary test refusal, or: (4) At the time of the arrest there was a minor in the vehicle a under the age of 16 years.
A Second-Degree Minnesota DWI is gross misdemeanor offense with a maximum penalty of 364 days in jail and a $3,000.00 fine? A person will be charged with a 2nd Degree DWI if their DWI arrest contains two “aggravating factors”. The following are “aggravating factors”: (1) A prior DWI conviction or license revocation within 10 years of the current arrest; (2) An evidentiary test (blood, breath or urine) result of .16% or greater alcohol concentration level; (3) An evidentiary test refusal, or: (4) At the time of the arrest there was a minor in the vehicle a under the age of 16 years. For example, a third DWI within 10 years of the current offense would constitute a Minnesota 2nd Degree DWI. Or one prior DWI and a test reading of .16% or with a refusal or with a minor under the age of 16 years would also constitute a 2nd degree offense.
A First-Degree Minnesota DWI is a felony offense with a maximum penalty of seven years in prison and a $14,000 fine? A person will be charged with felony DWI if it is their 4th DWI within the past 10 years. A person will also be charged with felony DWI if they have a previous Minnesota felony DWI on their record. The previous felony DWI must be from the State of Minnesota to constitute a valid prior offense. Finally, a person will be charged with felony DWI if they have a prior criminal vehicular homicide (or felony injury) involving the use of drugs or alcohol on their record. For answers to all your Minnesota DWI questions, feel free to contact Minnesota DWI Lawyer F. T. Sessoms at (612) 344-1505.