Coodin Law Office:
DWI
DWI
stands for Driving While Impaired. Sometimes it is known as DUI which
stands for Driving Under the Influence. This is a serious offense
and being charged with a DWI means that your driver’s license will be
revoked. All of these laws can change frequently so you need to consult
with an attorney before making any decisions.
You may be charged with a DWI, which falls under Minnesota Statute
169A.20, if you operate a motor vehicle under the influence of alcohol,
under the influence of a controlled substance, if you operate a motor
vehicle with an alcohol concentration of .08 or more, operate a
commercial vehicle with an alcohol concentration of .04 or more, or by
refusing to submit to a blood, breath, or urine test.
It is important to understand that a DWI is an enhanceable offense.
This means that if you have any future alcohol-related offenses within
10 years, the first one can be used against you to enhance the penalty.
For example, a second offense within 10 years is a Gross Misdemeanor
and a fourth offense within 10 years is a Felony!
Whether you are charged with a Misdemeanor, Gross Misdemeanor, or
Felony will depend on how many aggravating factors there are.
Aggravating Factors include previous impaired driving convictions or
impaired driving related loss of license within the last 10 years,
having an alcohol concentration of .20 or more, or child endangerment.
A 4th Degree DWI
is a Misdemeanor. It is usually charged if it is your first offense.
This is punishable by up to 90 days in jail and/or a $1,000.00 fine. As
such, a prosecutor can seek jail time.
A 3rd Degree DWI
is a Gross Misdemeanor and can be charged if you have at least one
aggravating factor (which can include having an alcohol concentration
over .20 or if this is your second offense within 10 years). This is
punishable by up to 1 (one) year in jail and/or a $3,000.00 fine. The
minimum sentence under the law is that the defendant serve at least 30
days.
A 2nd Degree DWI
is a Gross Misdemeanor and can be charged if you have at least two
aggravating factors. This is also punishable by up to 1 (one) year in
jail and/or a $3,000.00 fine but has a minimum sentence of at least 90
days!
A 1st Degree DWI
is a Felony. This can be charged if you have 3 priors within 10 years.
This is a very serious charge and has a maximum penalty of seven years
and a $14,000.00 fine. If this is your fourth offense in 10 years, the
minimum sentence is imprisonable by 180 days!
Vehicle Forfeiture and DWI’s:
The State of Minnesota can forfeit your motor vehicle if this is your
third offense within ten years. It is important to be aware that
you only have 30 days from the date you were served a forfeiture notice
to challenge it! They can also forfeit your vehicle if you have 1
(one) prior offense within ten years and one of the following
occurred: there was a child under 16 years old in your motor
vehicle; if you tested .20 or higher; if you refused the test; if
you had a no-alcohol B Card restriction; or your license was
already cancelled as inimical to public safety. An attorney is
highly recommended to help you challenge the government’s forfeiture of
your motor vehicle.