If you have been charged with 2nd Degree DWI in MN, it is essential that you understand the difference between 2nd degree DWI in Minnesota and other classification levels.
When police charge a Minnesota driver with Driving While Intoxicated (commonly known as DWI), the driver faces fines, license suspension or revocation, and even jail time. The state may also confiscate the vehicle and cancel its registration. The state can impound the license plates and require the driver to have Whiskey Plates. When a person has had multiple drunk driving offenses, the penalties escalate significantly. A person’s second, third, fourth, and fifth DWI offenses involve mandatory jail time and fines. Although many defendants handle their first DWI by pleading guilty, 2nd degree DWI in Minnesota incidents should always be handled by a qualified lawyer.
Minnesota DWIs are classified according to the presence of aggravating factors. The more aggravating factors, the higher criminal penalties. There are three aggravating factors: a prior DWI conviction, an alcohol concentration of twice the legal limit (0.16 or more) or impairment from a controlled substance, and the presence of a child under age 16 in the vehicle. Additional penalties may be imposed on any driver who refuses to submit to chemical testing of blood, breath or urine. If aggravating factors are present, a Minnesota DWI may be classified as a gross misdemeanor or a felony, including a 2nd Degree DWI in MN.
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SCHEDULE AN APPOINTMENT2nd Degree DWI Laws in MN
When a driver has two of the aggravating factors listed above, they will be charged with 2nd degree DWI in MN. A 2nd degree DWI in Minnesota is classified as a gross misdemeanor. A gross misdemeanor is an offense that carries a fine of up to $3,000 and a jail sentence of up to one year. A gross misdemeanor offense is more serious than a simple misdemeanor, but is less severe than a felony conviction. However, a 2nd degree DWI in MN is only one step below a felony conviction.4th Degree DWI in MN
In Minnesota, a person will be charged with Fourth Degree DWI if they have no prior misdemeanors on their record within 10 years prior to the current charge. If a driver is convicted, their license will be revoked for 90 days. The maximum penalty for Fourth Degree DWI is a 90 day jail term and $1,000 fine. The court may impose other penalties, including probation, community service, and restriction on consumption of alcohol.3rd Degree DWI in MN
A driver who has one of the aggravating factors will be charged with Third Degree DWI. The mandatory minimum sentence for a Third Degree DWI in Minnesota is 30 days, a $900 fine, and three to six years on probation. The maximum penalties are more severe, including a fine of $3,000 and revocation of a driver’s license for 180 days. Keep in mind that if a driver does not have any of the first three aggravating factors, but refuses to take a chemical test of blood, breath or urine as mandated by Minnesota statutes section 169A.52, the person will still be charged with 3rd Degree DWI. Hiring a competent DWI lawyer may make the difference between getting a Third Degree DWI and a 2nd degree DWI in Minnesota.2nd Degree DWI in MN
The minimum sentence for a 2nd degree DWI in MN is 90 days in jail, a $900 mandatory fine, and six years of probation. A conviction for 2nd degree DWI in Minnesota can also result in the forfeiture of the vehicle. This is the most significant difference between Third Degree DWI and 2nd degree DWI in MN. The judge will take into account which one of the aggravating factors caused the offense to be a 2nd degree DWI in Minnesota. If a person is charged with 2nd degree DWI in MN, they need experienced defense attorneys to address this complication.1st Degree DWI in MN
A driver will most likely be charged with 1st Degree DWI in Minnesota if the driver has had:- three prior DWI convictions over the past 10 years;
- a prior felony conviction;
- a prior First Degree DWI; or
- a prior criminal vehicular operation conviction.
Second DUI Consequences in Minnesota
DUI stands for Driving Under the Influence. In Minnesota, there is no distinction between DUI and DWI. If a person has a prior conviction for a DWI in Minnesota and has not yet been convicted of a second DWI or a 2nd degree DWI in MN, 90 days in jail and a $1,000 fine is the potential penalty for this crime. If the person has a BAC of 0.16 or higher, the penalty increases to up to 1 year and jail and a $3,000 fine. Jail time may be actual incarceration in a county jail or workhouse, remote electronic alcohol monitoring, or electronic home monitoring.New DUI Laws in MN
Minnesota has been proactive about adopting new DUI laws:- The Hands-Free Law, which prohibits a driver from handheld use of a cellular device while operating a motor vehicle, went into effect on August 1, 2019. If police see a phone in a driver’s hand, an officer now has the authority to stop the vehicle and investigate, even if the officer does not witness any other potentially criminal conduct. The Minnesota Hands Free law gives officers the ability to investigate other violations of law as long as it is reasonable to act. This law has resulted in an increase in 2nd degree DWI in Minnesota and drug charges.
- Little Alan’s Law makes it illegal for someone convicted of DWI in Minnesota to operate snowmobiles, all-terrain vehicles and boats if their driver’s license has been suspended or revoked. The 2018 law closed a loophole which had allowed someone with a suspended license to drive ATVs, snowmobiles and boats.
How to Get a 3rd Degree DWI Reduced
To get charged with Third Degree DWI, a person must have one of the aggravated factors. A Minnesota DWI lawyer will review the facts of each case to ensure police did not make a mistake. If a person can prove they did not have a prior DWI offense, did not have a passenger of 16 years or younger, or did not refuse chemical testing, the charge may be reduced to 2nd degree DWI in MN. In addition, a lawyer will closely scrutinize the chemical test to determine if there was an error. The best way to make the case for lower or dismissed charges is to hire an experienced Minnesota DWI lawyer. A DWI defense lawyer understands the intricacies of DWI law and knows how certain judges tend to rule.3rd DUI Offense in Minnesota Consequences
A DWI is a third offense if the driver has had two prior DWIs during the past ten years. If convicted of a third offense, the person must serve a mandatory 90 day jail sentence. The defendant must also agree to a chemical dependency assessment and treatment. In addition, police may seize the motorist’s vehicle, impound the license plates of all vehicles registered to the driver, and cancel the driver’s license for three years. A person arrested for the third time also will be forced to stay in jail until their initial court appearance. If a person gets their third DUI offense in Minnesota, the maximum penalties escalate to 365 days in jail and a $3,000 fine.Average Sentence for 2nd DUI in Minnesota
A person’s second conviction for driving under the influence in Minnesota is classified as a gross misdemeanor. The mandatory minimum penalty is a 30-day jail sentence, with at least 48 hours served in an actual jail or workhouse, and eight hours of community work service for every day less than 30 served in jail. This means every person who has a 2nd degree DWI in Minnesota offense must serve the 30-day sentence. The maximum penalty is 365 days in jail and a $3,000 fine. The imposition of more severe penalties depends on the facts and circumstances of each person’s case. Generally, penalties escalate if the person’s BAC is over twice the legal limit of 0.8 (0.16), the driver was accompanied by a minor who is 16 years or younger, or a refusal to submit to chemical blood, urine, or breath testing. A skilled 2nd degree DWI in MN lawyer will review the circumstances of each DWI case to determine the best defense to a second DUI or 2nd degree DWI in Minnesota.Minnesota Third Degree DWI Aggravating Factor
Third Degree DWI is an incident where one of the aggravating factors is present. The aggravating factors include a prior DWI within 10 years, a blood alcohol concentration of twice the legal limit (0.16), or the presence of a child under age 16 in the vehicle. When a person has a prior DWI offense within the past 10 years, they must serve a mandatory minimum sentence of 30 days.2nd DWI Offense in MN
Minnesota treats repeat DWI offenders more harshly than first-time offenders. A 2nd degree DWI in MN offender is subject to a mandatory minimum penalty of 30 days of incarceration (at least 48 hours of which must be served in jail or workhouse), with eight hours of community service for every day less than 30 served in confinement.What Does 3rd Degree DWI Mean in MN
If a person is charged with Third Degree DWI in Minnesota it means they drove under the influence of alcohol and drugs plus one of the aggravating factors was present. The aggravating factors include one prior DWI offense during the last 10 years, an alcohol concentration of twice the legal limit (0.16 or more), or having a child in the car of age 16 or younger.DWI Aggravating Factors in MN
Minnesota considers DWI to be an enhanceable offense. This means that specific factors increase the severity of an offense. These factors, which are known as “aggravating factors” trigger additional criminal penalties. Under Minnesota law, the aggravating factors include a blood alcohol content of twice the legal limit, driving with a passenger who is 16 years old or younger, or having a prior DWI offense within 10 years. Any of these factors may result in a 2nd Degree DWI in Minnesota. Minnesota also has an implied consent law which means all drivers operating a motor vehicle consent to a chemical test of breath, blood, or urine to determine if they have been drinking alcohol or taking other controlled substances. If a person refuses to take the chemical test, then this will also aggravate the DWI offense and could lead to a charge of 2nd Degree DWI in MN.Every Call Connected with a Lawyer
If you’ve been caught using your phone while driving, let Leverson Budke present your best defense. Call us today at (651) 829-3572 or click below to schedule a consultation.
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