Minnesota DWI DUI Lawyer, Minneapolis Criminal Defense Attorney

Posts Tagged ‘Felony DWI’

Felony First Degree DWI – A Minnesota Case Study

Wednesday, October 12th, 2011

There are four degrees of DWI in Minnesota DWI law. While the second to fourth degree DWI cases are considered either a misdemeanor or gross misdemeanor, a First Degree DWI is considered by the law as a felony offense and is the most serious of all DWI cases. A felony DWI charge carries a maximum penalty of a $14,000 fine and seven years of jail time.

Example Case Study

A 29-year-old Lakeville woman was recently arrested and is now facing two felony charges of first degree DWI.

The woman’s car was spotted by a Lakeville police officer on routine patrol. The car, southbound on Holt Avenue, was seen drifting to the right and nearly hitting the curb.

The police officer reported that the woman didn’t stop her car for a stop sign at Holt and 207^th Street West intersection. When the police officer stopped her, he noticed that she wasn’t able to react to the emergency lights immediately, but eventually pulled over into a parking lot.

The woman appeared to be intoxicated and the inside of her car had an extremely strong smell of alcohol beverage. She had bloodshot, watery eyes and severely slurred speech. She admitted of consuming plenty of alcohol when she was interrogated and that she didn’t have her car insured.

The police officer conducted three standard field sobriety tests on the woman, all of which registered a fail. After checking her driver’s license, the officer learned that she had a B Card restriction, although it was valid.

Minnesota First Degree DWI Laws

According to Minnesota DWI laws, any driver with a driver’s license cancelled due to a violation of driving while impaired for the third time within the period of 10 years, or the fourth time throughout the offender’s lifetime, has the option to apply for a restricted B Card license.

This license can be granted if the driver has successfully completed a treatment program and has signed a sworn statement of abstinence from consuming alcohol beverages or any other controlled substance. However, this license can be invalidated if the driver violates the abstinence restriction or consumes alcohol even when not driving.

Case Study Continued

At the Dakota County Jail, she was then asked to take a breath test. Her blood alcohol content registered .26 which is three times the .08 legal driving limit. Her record revealed previous DWI convictions in 2004, 2007 and 2009.

A warrant of arrest was issued and the woman was arrested Thursday morning. She is now held in Dakota County Jail and has a court appearance scheduled in Dakota County District Court in Hastings for her felony First Degree DWI charge.

Who Can Be Charged With Felony First Degree DWI?

Any driver who had three previous violations of driving while impaired or had his or her driver’s license revoked due to alcohol-related offenses within ten years will be charged with First Degree DWI.

Another ground for a driver to be charged with First Degree DWI is when he or she had a previous conviction of Felony DWI in the past. Also, an individual can be charged with First Degree DWI if he or she had previous conviction for a felony charge by being involved in a criminal vehicular operation or committing criminal vehicular homicide.

What Are The Penalties for a Felony First Degree DWI?

An individual convicted of Felony First Degree DWI will face imprisonment for up to seven years and will be required to pay a fine of up to $14,000.

A DWI charge must be taken seriously even if you’re a first-time offender. If you have been charged with DWI in Minnesota, you must contact a well-trained Twin Cities DWI Lawyer to defend your rights. Respected Minnesota Criminal Lawyer, Douglas T. Kans, is always ready to provide you with comprehensive legal services for the best possible resolution of your DWI/DUI case. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: Felony DWI, First Degree DWI, Minnesota DWI law, Minnesota DWI penalties
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The Enhanceability of a Minnesota DWI Conviction – A Case Study

Thursday, August 11th, 2011

On this blog and within our websit we have covered what the enhanceability of a Minnesota DWI/DUI conviction means (Degrees of DWI Charges). In essence, if an individual is convicted or pleads guilty to a DWI in Minnesota, he or she is required to be advised by both the court and their attorney that a subsequent charge for DWI within a period of 10 years can be charged as a more serious level of DUI offense based on the current plea or conviction. Below is a case that best illustrates this point.

The Prior Lake Police recently arrested a 50-year-old man after receiving a call from Mystic Lake Casino security. Reports say that the casino security called the police to report a man who appeared to be intoxicated and was causing disturbance at the casino. The complaint caused the police to arrest the drunken man after he left the casino. Within just about eleven years, he got his fifth arrest for drunken driving.

After taking the Intoxilyzer test, it showed a blood alcohol content reading of 0.24 which is three times the 0.8 legal BAC limit. He was then arrested for first-degree DWI . His court records showed he has previous DWI convictions or alcohol related license revocations from May 2001 in Rice County and from September 2001, March 2003 and September 2007 in Dakota County. He was also convicted in Ramsey County of Driving After Cancellation in year 2004.

The District Court of Scott County charged him with four counts of DWI which include felony DWI of two counts, misdemeanor open-bottle offense, as well as gross misdemeanor in violation of terms of restricted driver’s license. The man is now in Scott County Jail custody on a bail of $80,000.

If you have a DWI charge, then you should contact an experienced and well-trained Minneapolis DWI Lawyer immediately to defend your DWI case. Respected Minnesota Criminal Lawyer, Douglas T. Kans, is always ready to provide you with comprehensive legal services for the best possible resolution of your DWI/DUI case. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: dakota county, Felony DWI, Intoxilyzer, Minneapolis DWI Lawyer, Minnesota Criminal Lawyer
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Minnesota Court Upholds DWI Conviction of Man Asleep in Vehicle

Wednesday, February 10th, 2010

Being a criminal lawyer in Minnesota for the last 16 years, I’ve learned that one of the hardest concepts for lay people to grasp with regard to DWI law is the notion of “physical control”. In other words, the idea that someone could be charged or convicted of DWI for just sitting or lying in a motor vehicle. It really is one those head-scratching concepts under the law. Over the last several years, Minnesota Courts have given a very broad definition of “physical control” when it comes to DWI law. Therefore, this latest ruling by the Minnesota Supreme Court should come as no surprise.

In a January 21st, 2010 ruling, State of Minnesota vs. Fleck, the Minnesota Supreme Court upheld a felony DWI conviction, after jury trial, of a driver that was found asleep in his motor vehicle in the parking lot of his apartment complex. When the police arrived, they found Mr. Fleck asleep behind the wheel of his vehicle with the driver’s side door open and the ignition keys in the center console of the vehicle between the driver and passenger seats.

Most often in “physical control” cases, there is the assumption that, although the police did not see the actual driving conduct, it’s clear that the individual actually drove to the location based on other circumstantial evidence. However, in Fleck, the officer’s had determined that Mr. Fleck had not recently driven his motor vehicle because the car was “cold to the touch”, the lights were not on, and it did not look as though the vehicle had been running.

Despite these facts, the Minnesota Supreme Court found that Mr. Fleck was in a position to exercise domain over his vehicle. In other words, without too much difficulty, the Court believed Mr. Fleck could have made his motor vehicle a source of danger on the roadways by awakening, in an intoxicated state, and then subsequently taking the keys from the console and starting the vehicle and driving off.

Mmmmm… is it just me or does this remind anyone else of the Spielberg Movie “Minority Report” with Tom Cruise playing Police Chief John Anderton of the Precrime Unit?

Again, as a Minnesota DWI defense lawyer that has had to argue the concept of “physical control” many times throughout my career, this decision comes as little surprise. Nevertheless, this case is remarkeable in the sense that there was actual evidence that the driver did NOT drive the motor vehicle to the location, but the Court still found “physical control”.

Tags: Felony DWI, Minnesota DWI, physical control
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Minnesota DWI Charges: A Brief Summary

Friday, January 15th, 2010

I’ve discussed the various levels or degrees of DWI charges in Minnesota on our website or previous blog postings in the past, but one of the most common questions we receive from prospective clients is to explain the different levels of DUI offenses. So, I figured a quick review would be helpful.

There are four degrees of DWI or DUI offense in Minnesota:

First Degree (Felony) DWI;
Second Degree (Gross Misdemeanor) DWI;
Third Degree (Gross Misdemeanor) DWI: and
Fourth Degree (Misdemeanor) DWI.

The degree or level of DWI offense an individual is charged with depends on the presence of what is called “aggravating factors’. The more aggravating factors that exist at the time of an individuals arrest, then the more serious the level of DWI charge.

The aggravating factors as acknowledged by Minnesota Statute include:

A qualified prior impaired driving incident within 10 years of the current DWI charge or incident;
Having a blood alcohol concentration of .20 or more at the time of driving or as measured within two hours of the time of offense;
Having a child under the age of 16 in the motor vehicle at the time of driving or the offense if the child is more than 36 months younger than the offender.

A driver will be charged with a fourth-degree DWI, if none of the above aggravating factors are present at the time of the offense. A driver will be charged with third-degree DWI, if there is at least one aggravating factor present at the time of the offense. A driver will be charged with a second-degree DWI, if there is at least two aggravating factors present at the time of the offense. With regard to felony first-degree DWI, a driver must have at least three qualified prior impaired driving incidents within ten years immediately preceding the current offense or was previously convicted of a felony DWI in Minnesota. Therefore, other than having a prior felony DWI conviction, the only aggravating factor that is relevant to enhancing a new offense to a felony level DUI is if the individual has a prior DWI conviction or a prior DUI related license revocation within the last ten years.

Lastly, it is important to note that each and every degree or level of DWI offense in Minnesota carries with it certain complexities. Such things as mandatory jail or prison sentences, license plate impoundment, mandatory high bail amounts and motor vehicle forfeitures can exist for various degrees of DWI offenses. Therefore, I strongly advise that an individual charged with any level of DUI offense seek the assistance or advice of a highly-skilled Minnesota DWI Lawyer.

Tags: Felony DUI, Felony DWI, First Degree DUI, First Degree DWI, Fourth Degree DUI, Fourth Degree DWI, Gross Misdemeanor DUI, Gross Misdemeanor DWI, Minnesota DUI, Minnesota DWI, Misdemeanor DUI, Misdemeanor DWI, Second Degree DUI, Second Degree DWI, Third Degree DUI, Third Degree DWI
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Minnesota Felony DWI Conviction On Appeal: MN Court Rules It Can Be Used For Sentencing

Wednesday, April 22nd, 2009

In State v. Johnson, an unpublished decision from April 14th, 2009, the Minnesota Court of Appeals affirmed a Dakota County District Court’s order allowing the use, for sentencing, of a prior felony DWI conviction that was on appeal when the defendant was charged with a new felony DWI offense. Based on the defendant’s prior felony DWI conviction, he was sentenced to 48 months in prison.

The defendant, in Johnson, committed a new felony DWI charge in 2007, after he was previously convicted of a felony DWI charge in 2006. However, his 2006 conviction was still on appeal when he was charged for the new felony DWI in 2007.

It is important to note that a subsequent felony DWI conviction carries a much greater mandatory sentence for the defendant, if he or she has already been previously convicted of a felony DWI.

The defendant’s attorney argued that the prior DWI conviction should not be considered by the Court when sentencing his client on the new felony DWI, because the prior DWI was still on appeal when he was charged with the new DWI.

The Minnesota Court of Appeals rejected the defendant’s argument and found that the Dakota County District Court properly considered defendant’s 2006 felony DWI conviction at sentencing.

In its opinion, the Court ruled, since the defendant was already convicted of his 2006 felony DWI at the time he was found guilty of his 2007 felony DWI, the conviction could be used by the court at sentencing , even if it was on appeal.

It is important for the Minnesota Driver to understand the significance of prior DWI convictions. If you are charged with a Minnesota DWI, you should contact a skilled Minnesota/Minneapolis DWI Lawyer. Prior convictions for a DWI can be used against you at sentencing for potentially lengthy jail sentences. If you’ve been arrested or charged with a Minnesota DUI or DWI, call Kans Law Firm, LLC at (952) 835-6314 for a Free Consultation.

Tags: Felony DWI, Minneapolis DWI Lawyer, prior conviction
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Minnesota DWI Laws: The Four Degrees

Saturday, April 11th, 2009

As an experienced Minnesota Criminal Lawyer that has represented driver’s charged with Minnesota DUI related charges for over the last 15 years, I have been asked hundreds of questions over the years relating to MN DWI Laws or MN DUI Laws by clients, prospective clients, other lawyers, and simply curious people from many other professions. With the invention of our new blog, I thought it would be useful to answer, in a several part series, the most common questions I’ve been asked about Minnesota DWI Laws.

Two of the most common questions I receive are:

1. What are the different degrees of Minnesota DWI offenses; and

2. What are the differences between the various degrees of DWI offenses.

First, in Minnesota, we have four different degrees of DWI offenses:

1. First Degree DWI (Felony)

2. Second Degree DWI (Gross Misdemeanor)

3. Third Degree DWI (Gross Misdemeanor)

4. Fourth Degree DWI (Misdemeanor)

There are many differences with regard to each of these offenses, including, but not limited to, mandatory minimum jail sentences, mandatory bail and conditions of release, and the greater potential civil consequences with certain degrees (i.e. vehicle forfeitures, license plate impoundment ). I’ll will address these other issues in the later parts to our Minnesota DWI Law series, but for now, I want to focus on how a driver can go from a Fourth Degree DWI (misdemeanor) to a First Degree DWI (felony). The key is the presence of what is defined by Minnesota DWI Law as “aggravating factors”.

These “aggravating factors” include:

1. a qualified prior impaired driving incident within the ten years immediately preceding the current offense;

2. having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time of the offense; or

3. 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.

It’s the presence of any of the above factors that would cause a Minnesota Driver to go from a Misdemeanor Fourth Degree DWI, to a more serious DWI offense. The more “aggravating factors” that are present, the more serious is the Minnesota DUI offense.

It should be noted that Refusal to submit to chemical testing of the person’s blood, breath, or urine, although not defined as an “aggravating factor”, functions in the same manner. For example, a first time Minnesota DWI, in which the driver refused chemical testing , would be charged as a Third Degree Refusal/DWI (Gross Misdemeanor). If this same driver had a prior DWI within ten years, or a child under the age of 16 in the motor vehicle at the time, he or she could be charged as a Second Degree Refusal/DWI (Gross Misdemeanor).

Lastly, unless a person has a prior Felony DWI conviction or Felony Criminal vehicular homicide and injury conviction, for a Minnesota driver to be charged with Felony First Degree DWI in Minnesota, he or she must either have three prior convictions for DWI, or three prior DWI related alcohol license revocations within the ten years of the new DWI charge.

Tags: Felony DWI, First Degree DWI, Fourth Degree DWI, Gross Misdemeanor DWI, Minnesota Criminal Lawyer, Minnesota DWI, Minnesota DWI Laws, Misdemeanor DWI, MN DUI, MN DWI, Second Degree DWI, Second Degree Refusal, Third Degree DWI, Third Degree Refusal
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