Minnesota Drunk Driving Charges
If you or a member of your family is facing a Drunk Driving case it is important that you have at least a basic understanding of the laws regarding driving while intoxicated in the State of Minnesota. Additionally, it is vital that you engage the services of a qualified, experienced and effective Minnesota Drunk
Driving lawyer who will fight for your rights. Douglas T. Kans is a Drunk
Driving attorney who is ready to provide for you the comprehensive legal services that you need in order to ensure the best possible resolution of your drunk driving case.
One portion of the laws relating to Drunk Driving that you will want to understand are those that pertain to the different levels of driving while intoxicated charges a person can face in Minnesota. While this website is designed to provide you with basic and essential information about driving while intoxicated laws nothing can take the place of obtaining the legal assistance, advice and representation that you must have if you are facing Drunk
Driving charges. Therefore, if you have more questions and are in need of professional and effective legal representation, you need to contact a driving while intoxicated attorney like Douglas T. Kans sooner rather than later.
A Closer Look at Drunk Driving Laws in Minnesota: The Levels of DWI Charges
According to the law, there are four levels (legally known as degrees) of DWI charges in the State of Minnesota. You are presented a brief description of each degree of DWI charge; however, do keep in mind that if you have questions or need advice and representation, you need to retain the services of a lawyer like Douglas T. Kans, drunk driving defense lawyer with the experience and tenacity to ensure the best results for you in your own case.
Fourth Degree DWI
A Fourth Degree DWI is classified as a misdemeanor. A person operating a motor vehicle while intoxicated can be charged and convicted of a Fourth Degree DWI in situations in which such an individual has no other driving while impaired violations within ten years before the current case. In addition, there must have been no aggravating factors present and the driver cannot have refused to submit to the “evidentiary” chemical test of the person’s blood, breath or urine. This is the lowest level of DWI charge that a person can face in the State of Minnesota.
A person convicted of Fourth Degree DWI can face up to 90 days in jail and up to a $1,000 fine.
Third Degree DWI
A Third Degree DWI is a considered to be what is known as a gross misdemeanor. A person can be charged and convicted of a Third Degree DWI when that individual has had one prior driving while impaired violation or alcohol related driver’s license revocation within ten years of the present offense. Even if an individual has no priors, he or she could still be charged with a Third Degree DWI if one aggravating factor, as defined by Minnesota law, was present at the time of the offense.
A person also can be charged with a Third Degree offense, if he or she elects to refuse to submit to the “evidentiary” chemical test of the person’s blood, breath or urine. A person convicted of Third Degree DWI or Refusal to submit to chemical testing can face up to one year in jail and up to a $3,000 fine.
Second Degree DWI
A Second Degree DWI is classified in Minnesota as a gross misdemeanor. A person can face being charged and convicted of a Second Degree DWI in the event that the individual has had two prior driving while impaired violations or alcohol related driver’s license revocations within ten years of the present offense. Even if an individual has no priors, he or she could still be charged with a Second Degree DWI if two aggravating factors, as defined by Minnesota law, were present at the time of the offense.
Alternatively, a person can also be charged with Second Degree offense, if he or she refuses to submit to the “evidentiary” chemical test of the person’s blood, breath, or urine and one aggravating factor, as established by Minnesota law, was present at the time of arrest. A person convicted of Second Degree DWI or Refusal to submit to chemical testing can face up to one year in jail and up to a $3,000 fine.
First Degree DWI
A First Degree DWI is classified as a felony in the State of Minnesota. A person will be charged with a First Degree DWI, if he or she has had three prior driving while impaired violations or alcohol related driver’s license revocations within ten years of the present offense. A person will also be charged with First Degree DWI, if he or she has been convicted of a prior Felony DWI at any time in the past. In addition, a person will be charged with First Degree DWI, if that individual has a prior conviction for a felony charge of criminal vehicular operation or criminal vehicular homicide. Aggravating factors are not taken into consideration.
A person convicted of their first Felony DWI can face up to seven years in prison and up to a $14,000 fine.
Some people who are charged with a DWI for the first time make the decision not to obtain the services of a Minnesota DWI attorney. Very simply: This is a mistake. The penalties associated with a first time driving while intoxicated case are not minor. Moreover, if you end up getting charged with a DWI at some point in the future, you can find yourself facing very stiff, extremely serious penalties if you already do have at least one other DWI conviction.
If you are facing a driving while intoxicated charge, no matter the degree, you will want to contact Douglas T. Kans, an experienced and committed Drunk Driving lawyer, today. Douglas stands ready to fight for your rights, including doing everything possible to protect you from the loss of your car or truck as the result of a Drunk Driving charge. Douglas will provide you a free initial consultation to discuss your case and your rights.
Call (952) 835-6314 today for a free consultation.