What you need to know if you have been charged with a DWI in Minnesota

If you have recently been charged with a DWI, you should know that there are two parts to a DWI case in Minnesota: the criminal case, which relates to your criminal DWI charges and involves jail, fines and probation; and the civil case, which relates to driver’s license revocation and license plate impoundment.

If you are a first-time DWI offender, and your BAC is under .20, you will likely be charged with a Fourth-Degree DWI unless you have a child in the vehicle. The majority of first-time DWIs are charged in the fourth degree, which is a misdemeanor offense (the least serious of the potential DWI charges) and is punishable by up to 90 days in jail and a $1,000.00 fine.

The potential criminal charges for a DWI in Minnesota vary depending on your Blood Alcohol Content (BAC) and whether you have any prior qualified impaired driving incidents within the last ten years.  DWIs are “enhanced” (meaning the charges are increased from fourth-degree to second-, third-, or first-degree charges) based on three aggravating factors.

1. Prior DWIs
2. Blood alcohol content over .20
3. Child in the car

Another factor in DWI charging is refusal to submit to alcohol testing.  Refusal is technically a separate charge from a DWI.  For example, if you are found to be driving a motor vehicle with a blood alcohol content of great than .08 but below .20, and do not have one of the aggravating factors above, you would likely be charged with 4^th degree driving a motor vehicle with BAC over .08 and DWI.  However, if you are arrested for 4^th degree DWI, but refuse to submit to alcohol testing, you likely will be charged with 4^th degree DWI, and gross misdemeanor 3^rd degree refusal to submit to alcohol testing.

Second- and third-degree DWIs are gross misdemeanor offenses and carry maximum penalties of 365 days in jail and a $3,000 fine.  If your BAC is above .20, you can be charged with a third-degree DWI.  As mentioned earlier, if you refuse to submit to a blood, breath, or urine chemical test, this will likely result in a third-degree DWI charge even if it is your first DWI.

A first-degree DWI is a felony, with a minimum sentence of 180 days in jail, and a maximum of five years.  To be charged with a felony DWI, you must have three prior DWI offenses in the last ten years, or have been previously convicted of a felony DWI.

DWI charges also carry consequences for your driver’s license status: this is the civil aspect of your DWI case, and is referred to as the Implied Consent case.  For a first-time offender with a BAC under .16, you will likely receive a seven-day temporary driver’s license and then will have your license revoked for a 90-day period.  If you plead guilty to the DWI charge, the 90-day revocation period will be reduced to 30 days at the time of the plea.  (This is often irrelevant because often defendants wait more than 90 days after the date of the DWI incident to be charged and appear in Court.)

You have the right to file an Implied Consent Petition contesting your driver’s license revocation and/or license plate impoundment.  This petition must be filed within 30 days of the notice of your driver’s license revocation.  If you contest the revocation of your driver’s license or the impoundment of your plate, the State must prove that law enforcement had a reasonable, articulable suspicion of criminal behavior in order to stop your vehicle, and had probable cause to arrest you for DWI.  A violation of your constitutional rights can result in suppression of evidence and/or dismissal of your case. 

One benefit of filing an Implied Consent petition in Ramsey and Hennepin Counties is that in certain situations, you may be able to have the driver’s license revocation period “stayed” until the resolution of the Implied Consent case.  In Ramsey and Hennepin Counties, the Implied Consent case is generally not heard until after the resolution of your criminal DWI case.  This means that during the pendency of the criminal case, and up until your Implied Consent case is heard, your driver’s license could be temporarily reinstated.

There are aggravating factors that can increase the amount of time your license is revoked. The first factor is your BAC.  If you are driving with a BAC that is greater than .16 but less than .20, this will likely result in a one-year revocation of driving privileges or a one-year period with a restricted driver’s license and ignition interlock. (Ignition interlock is a system that is installed in your vehicle, at your expense, that requires a breath sample to start the vehicle.)  If your BAC is above .20, your license plates can also be impounded for one year. The arresting officer also may seize your vehicle. If this occurs, you have 30 days to appeal the forfeiture action.

A second aggravating factor in your civil case is refusing a blood, breath, or urine chemical test. Chemical test refusal will likely result in a license revocation of one year for first-time offenders, but the revocation period may be reduced to 90 days upon the resolution of your criminal case.

If your license is revoked, then after the license revocation period has passed, you will need to pass the written license exam, re-apply for a driver’s license, and pay a $680 reinstatement fee in order to have your driver’s license reinstated. This is standard procedure regardless of the period of revocation.

DWI law is very complex in Minnesota.  This blog posting is meant to be a general overview, and is not legal advice for your specific situation.  Many of the law, rules and regulations that come into play in defending DWIs and related alcohol revocations are not addressed in this article.  I recommend that you contact an attorney to help you resolve the criminal and civil cases stemming from your DWI arrest. As an experienced criminal defense attorney, I can help you resolve your case and will take much of the confusion out of the process. Please contact me today for a free consultation about your DWI charge.