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Penalties for DUI/DWI Convictions in Minnesota

In Minnesota, the charges and penalties associated with a DUI/DWI conviction depend upon a number of factors.  These factors are called “aggravating factors” and they influence your case by subjecting you to harsher charges, sentences and/or mandatory minimum sentences. These “aggravating factors” include

  • Having a prior conviction for DUI/DWI in the past ten years
  • A prior driver’s license revocation due to a drinking and driving violation in the last ten years
  • A BAC of over .20
  • Refusal to test
  • Driving with a child under the age of 16 as a passenger.

Charges and penalties

Fourth Degree DUI/DWI - A first-time DUI/DWI conviction in ten years and a BAC of .08 or more, but less than .20, is a misdemeanor and carries penalties of a 90 day driver’s license revocation, a fine of up to $1,000, and up to three months in jail.

Third Degree DUI/DWI - A DWI conviction with at least one aggravating factor, is a gross misdemeanor and carries penalties of a six-month driver’s license revocation or one year if you refuse to test, a fine of up to $3,000, and up to a year in jail. You will also be required to have special license plates often referred to as “Whiskey Plates.”

Second Degree DUI/DWI - A third DWI conviction with at least two aggravating factors carries penalties that include: a minimum one year revocation/cancellation of driver’s license, administrative vehicle forfeiture, whiskey plates, a fine of up to $3,000, and up to a year of jail time.

First Degree DUI/DWI - A fourth DWI conviction within a ten-year period is a felony, which carries penalties including: at least a three year cancellation of your driver’s license, administrative vehicle forfeiture, whiskey plates, a fine of up to $14,000, and up to seven years in prison.

The revocation or cancellation period may differ from what is described above if you have had DUI/DWI convictions or alcohol related revocations outside of the ten-year look back period. For example, a fourth DUI/DWI conviction or revocation in a lifetime currently results in a one-year cancellation of your driver’s license even if it’s only one conviction in ten years.

If you have been arrested in the state of Minnesota for driving under the influence, you may be facing serious consequences. You should not go it alone. You need the help of an experienced, aggressive criminal defense attorney.

To discuss your case, contact criminal defense attorney Carolyn Agin Schmidt today.