Minnesota DWI DUI Lawyer, Minneapolis Criminal Defense Attorney

Posts Tagged ‘Third Degree DWI’

State Trooper Faces Third Degree DWI

Thursday, October 27th, 2011

When a new DWI client comes into our office for the first time, they are obviously usually very upset to find themselves in their current situation. One of the first things I tell them is that bad things happen to good people. A DWI offense is not an “intentional crime” or one that was intended. It is usually simply the result of just making a bad decision or rash judgement about one’s condition. Therefore, the crime of Driving Under the Influence of Alcohol is committed by a very broad range of people from various professions and social classes. The purpose of posting this story about the Minnesota State Trooper getting arrested for DWI is simply to illustrate this point.

Recently, a 30-year-old MN State Trooper arrested in Shorewood on suspicion of driving while impaired. According to reports, he currently faces two counts of gross misdemeanor DWI.

One report states that a police officers from South Lake Minnetonka Police Department (SLMPD) initially responded to a call of a hit-and-run property damage accident that occurred in St. Bonifacious. The reported car took off going east on Highway 7 and was spotted by the SLMPD officer in Shorewood. The damaged car was pulled over at around 11:30 pm in Highway 7 near Eureka Road.

The driver showed signs of driving while impaired and was subsequently arrested after he performed field sobriety tests. He was then identified by the arresting officer as a Minnesota State Trooper, and later consented to a urine test conducted at the SLPMPD headquarters. The result of the urine test is still pending, according to police.

The arrested trooper was off duty during his arrest and admitted to drinking alcohol after he was pulled over. According to police officers, the car he was driving was recently damaged.

The man was booked into the Hennepin County Adult Detention Center in Minneapolis and was released posting a bail of $3,000. He now faces one count of third degree DWI with an aggravating factor and one count of driving with BAC level above the legal limit.

What Is A Third Degree DWI?

Minnesota DWI law considers a third degree DWI a gross misdemeanor. This DWI violation level is charged if a driver has one prior DWI or license revocation related to alcohol within 10 years.

However, even if an arrested driver had no prior DWI charges, he or she can still be charge with a third degree offense if the DWI violation involves one aggravating factor present at the time the offense is committed.

A third degree DWI can also be charged to a drunken driver who refuses to submit to a chemical test such as urine, blood or breath test. Refusal to comply with a chemical test carries a maximum penalty of imprisonment for one year, and a fine of up to $3,000.

Regardless of your social status in Minnesota, you must take a DWI charge seriously. You need to immediately contact a highly-competent Minnesota DWI Lawyer as soon as you’re arrested for DWI. Douglas T. Kans, a top Minnesota DWI attorney, is ready to provide you with the best legal representation possible in order to ensure the best possible resolution of your drunk driving charge. You can contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: aggravating factor, gross misdemeanor, Hennepin County, Third Degree DWI
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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 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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