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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 |
Thank you for visiting Gegen Law Firm's website. Our content is currently under construction, but please check back soon. If you have any urgent questions or comments, please call us at 612-977-3175 or contact us.
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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