DWI is an “enhanceable offense” in Minnesota, meaning the severity of a drunk driving charge is based on several aggravating factors that are present during the arrest. The presence of one or more of these factors results in higher DWI charges and harsher penalties.
What is Considered a DWI in Minnesota?
A Driving While Intoxicated (DWI) charge in Minnesota is defined as operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. The legal limit for blood alcohol concentration (BAC) is 0.08% for most drivers, but lower thresholds apply for commercial drivers (0.04%) and those under the age of 21 (0.0%). A person can also be charged with a DWI if their ability to drive is significantly impaired regardless of their BAC level.
Aggravator Factors in Minnesota DWI
- Having a previous DWI offense on your criminal record within the last 10 years of the current offense.
- Having a blood alcohol content (BAC) of .16% or higher, which is two times the legal limit.
- Having a child younger than 16 years old as a passenger in your car at the time of the offense (if the driver is at least 36 months older).
DWIs are in Minnesota are categorized by degrees—with a first-degree offense being the most severe and the fourth-degree being the least serious. If anyone of these aggravating factors—or a combination of them—are present, you will be charged with a higher degree of DWI.
The following is a breakdown of how aggravating factors result in a Minnesota DWI:
- No aggravating factor involved – You will be charged with a fourth-degree DWI, which is considered a misdemeanor. Penalties include a maximum probation period of two years, fines of up to $500, and driver’s license suspension for up to one year.
- One aggravating factor involved – You will be charged with a third-degree DWI, which is considered a gross misdemeanor. Penalties include a maximum jail sentence of one year.
- Two or more aggravating factors involved – You will be charged with a second-degree DWI, which is also considered a gross misdemeanor.
- If the current offense is your fourth DWI within a 10-year period – You will be charged with a first-degree DWI, which is a felony offense. Penalties include a jail sentence of up to seven years and a fine no larger than $14,000.
Common Mistakes When Facing Aggravated DWI Charges
When confronting aggravated DWI charges in Minnesota, individuals often make critical mistakes that can severely impact their case. One of the most common errors is failing to seek legal representation promptly. Many people underestimate the severity of the situation and attempt to navigate the legal system on their own, which can lead to poor decisions or overlooked legal protections. Additionally, individuals might admit guilt or make statements to law enforcement without fully understanding the consequences, which can be detrimental to their defense. Another frequent mistake is not gathering evidence or witnesses that may support their case, thereby weakening their position in court.
How an Attorney Can Help Avoid These Mistakes
Hiring a knowledgeable attorney familiar with Minnesota DWI aggravating factors can significantly aid individuals in avoiding these critical errors. An experienced lawyer can provide essential guidance on how to respond to law enforcement, ensuring that rights are protected throughout the process. They can help gather and present evidence effectively, craft a robust defense strategy, and mitigate the potential consequences. With their expertise, defendants can navigate the complexities of aggravated DWI charges with confidence, increasing their chances for a more favorable outcome.
If you have been charged with a DWI and one of these aggravating factors was present upon arrest, do not give up hope just yet. Our Minneapolis criminal defense lawyer at Brockton D. Hunter, P.A. can review your case, determine your legal options, and help you either get your entire case dismissed or your penalties reduced to avoid serving jail time.
Contact us and speak with our legal team for more information today.