Minneapolis DUI and DWI Lawyer / Attorney

Gegen Law Firm - Minnesota DWI Lawyer - Nick Gegen

Minnesota Drunk Driving - The Different Levels of Charges:

The Law
If your alcohol-concentration level is 0.08 or higher (0.04 in a commercial vehicle) and you are in control of a moving or parked vehicle, you can be arrested for DWI.
If a law enforcement officer can prove that alcohol caused you to commit driving errors, you can be convicted of DWI at lower alcohol concentrations. Penalties and Sanctions Each year, over 30,000 people are arrested in Minnesota for DWI. Each person may experience unique criminal penalties in addition to administrative license sanctions, depending on the arrest situation and previous driving violations and criminal record. The following information serves as a guideline for penalties and sanctions you may experience if you are arrested for impaired driving. There are additional laws, penalties, and sanctions for individuals under 21. These guidelines are based on offenses that occur within 10 years. All alcohol-related revocations of a driver’s license require a $680 reinstatement fee, DWI knowledge test, a driver’s license application with fees, and a chemical assessment.

 DWI First Offense

BAC Arrest Criminal Penalties Driver’s License Sanctions
Under 0.20  Misdemeanor 90 days in jail and/or $1,000 fine 90-day license revocation
30-day if plead guilty
to DWI
0.20
or over

Gross Misdemeanor

License plates
impounded

Jail and maximum bail or electronic monitoring

 
1 year in jail and/or $3,000 fine
180-day license revocation
Child in
vehicle and
under 0.20
Gross Misdemeanor
License plates
impounded
 
1 year in jail and/or $3,000 fine
 90-day license revocation
Child in
vehicle and
0.20 or over
Gross Misdemeanor
Vehicle forfeited and plates impounded
Jail until first court appearance
 
1 year in jail and/or $3,000 fine
 180-day license revocation
Refused
Test
(additional
charge to DWI)
 Gross Misdemeanor  
1 year in jail and/or $3,000 fine
1-year license revocation
30-day if plead guilty to DWI, or 90-day if plead guilty to test refusal

DWI Second Offense

BAC Arrest Criminal Penalties Driver’s License Sanctions
 Under 0.20 Gross Misdemeanor
License plates
impounded
1 year in jail and/or $3,000 fine 180-day license revocation

Notice that additional offense will result in license cancellation
 0.20 or over Gross Misdemeanor
Vehicle forfeited and
plates impounded
Jail and maximum
bail or electronic
monitoring
1 year in jail and/or $3,000 fine 1-year license revocation

Notice that additional offense will result in license cancellation
 Any Level Child in Vehicle Gross Misdemeanor
Vehicle forfeited and
plates impounded
Jail and maximum
bail or electronic
monitoring
1 year in jail and/or $3,000 fine 180-day license revocation

Notice that additional offense will result in license cancellation
 Refused Test (additional charge to DWI) Gross Misdemeanor
Vehicle forfeited and
plates impounded
1 year in jail and/or $3,000 fine 1-year license revocation

Notice that additional offense will result in license cancellation

 DWI Third Offense

BAC Arrest Criminal Penalties Driver’s License Sanctions
Any level and/or Refused Test

Gross Misdemeanor

Vehicle forfeited and
plates impounded

Jail and maximum
bail or electronic
monitoring

1 year in jail and/or $3,000 fine

1-year minimum loss of
license

License cancelled

Treatment and
rehabilitation (minimum
1-year proof of abstinence)

Lifetime abstinence
required after
reinstatement

 

Felony DWI

If you are arrested for your fourth DWI in a 10-year period, you have previously been convicted of a felony DWI, or have a prior felony conviction for an impaired driving related criminal vehicular homicide/injury, you may be charged with a felony. A fourth offense may result in a loss of license for four years and until rehabilitation and other reinstatement requirements are met. The criminal penalties for felony DWI are up to seven years in prison with a 5-year conditional release to follow and a $14,000 fine.

 Degree  Arrest  Criminal Penalties  Driver’s License Sanctions
 Manslaughter/ Death to an unborn child  Felony  10 years in prison and/or $20,000 fine  Immediate 1-year suspension and 15-year revocation for conviction
 Any other fatal  Felony  10 years in prison and/or $3,000 fine  Immediate 1-year suspension and 10-year revocation
 Great bodily harm/ Injury to unborn child  Felony  5 years in prison and/or $10,000 fine  Immediate 1-year suspension and 5-year revocation
 Substantial bodily harm  Felony  3 years in prison and/or $10,000 fine  Immediate 1-year suspension and 3-year revocation
 Bodily harm  Gross Misdemeanor 1 year in prison and/or $3,000 fine 1-year revocation

 


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We are located at 3109 Hennepin Ave S
                             Minneapolis, MN 55408

Our business hours are: phone answering 24 hours a day, 7 days a week

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