Minneapolis DUI/DWI Defense Attorneys
Minnesota DWI/DUI laws are divided into various degrees which describe the seriousness of the DWI or DUI charged. For simplicity, we use the term DWI, although we defend both.
Fourth Degree DWI Is a Misdemeanor. A driver charged with misdemeanor DWI faces up to 90 days in jail, and fines up to $1,000 or both. In order to be charged with fourth degree DWI, the driver’s alcohol level or blood alcohol concentration (“BAC”) must be between 0.08 percent and 0.199 percent. Minnesota law provides for a driver to lose his/ her driver's license for up to 90 days. If convicted of fourth degree DWI, additional penalties can include having a chemical assessment, being on probation for up to two years, attending alcohol awareness programs and losing your drivers license for up to 90 days. If aggravating circumstances exist as defined by Minnesota law, the penalties increase up to one year in jail and a fine of up to $3,000.
Third Degree DWI Is a Gross Misdemeanor. A driver charged with gross misdemeanor DWI faces up to one year in jail and fines up to $3,000, or both. There are several reasons the police charge third degree DWI. The most common one is when the driver refuses to take a breath, blood or urine test at the police station. Other common reasons are if the driver had a prior DWI conviction within the last 10 years, the driver’s BAC is over 0.20 percent or if there was a child in the vehicle. Minnesota law provides for a driver to lose their driver's license for up to one year, depending on the circumstances. If convicted of third degree DWI, the driver faces even stiffer penalties than a fourth degree DWI. Thirty days in jail is mandatory! Longer probation, attending treatment and possible long hours of community service are additional consequences for third degree DWI.
Second Degree DWI Is a Gross Misdemeanor. A driver charged with second degree DWI also faces up to one year in jail and fines up to $3,000 or both. There are several reasons the police charge second degree DWI. The most common reasons are if the driver had two prior DWI convictions within the last 10 years or their BAC is over 0.20 percent and there is a child in the vehicle. Even though second and third degree DWI are both gross misdemeanors, the difference between them is substantial. When a driver is charged with second degree DWI, their vehicle will be forfeited to the state. Minnesota law provides for a driver to lose their driver's license for up to two years, depending on the circumstances. If convicted of second degree DWI, the driver faces even stiffer penalties than a third degree DWI. Ninety days in jail is mandatory! Intensive alcohol monitoring, attending AA and lengthy treatment are often additional consequences for second degree DWI.
First Degree DWI Is a Felony. A driver charged with first degree DWI faces a minimum sentence of three years in prison and fines up to $14,000 or both. Release from prison will not happen until the driver completes a chemical dependency program while in prison. The driver also faces up to five years of probation after release from prison. There are only a few reasons why the police charge first degree DWI. The most common is if the driver had three prior DWI convictions within the last 10 years or has a prior felony conviction. When a driver is charged with first degree DWI, his or her vehicle will be forfeited to the state. Minnesota law provides for a driver to lose their driver's license for four years or more, depending on the circumstances. If convicted of first degree DWI, the driver will be a convicted felon.
Criminal Vehicular Operation. Criminal vehicular operation (“CVO”) can be titled as either “criminal vehicular homicide, criminal vehicular injury or criminal vehicular operation”. Regardless of the title, a driver charged with CVO faces a minimum sentence of one year in jail and fines up to $3,000 or both; to a maximum sentence of 10 years in prison and a $20,000 fine or both. A driver is charged with CVO when they operate a vehicle in a negligent manner while under the influence of alcohol or drugs and injure another person. Even the slightest injury causes a driver to be charged with CVO. The jail time and fines assessed are based upon the type and amount of injury, or death, of the person injured with a vehicle driven or operated by a drunk driver.
Vehicle Forfeiture. Vehicle forfeiture is automatic when a driver is charged with second or first degree DWI and by any person whose driver's license or driving privileges have been canceled as inimical to public safety. An experienced DWI attorney can challenge the forfeiture, but it is critical that the court and the prosecutor are contacted within 30 days. The importance of this cannot be overstated. If the court and prosecutor are not contacted and a petition filed, then there will be no hearing and the vehicle will be forfeited! Our firm has recovered almost every forfeiture we’ve challenged!
Our lawyers are committed to your defense, and our approach is simple. We protect your rights! We defend misdemeanor, gross misdemeanor and felony DWI/DUI cases, including criminal vehicular operation, or CVO, which is a DWI crime involving injury with a vehicle. Often, the prosecutor will attempt to forfeit the driver’s vehicle in a DWI case. We also defend any vehicle forfeiture. We focus on drunk driving defense and drunk driving license suspensions.
Free attorney consultation: To discuss your case with a lawyer at no charge, call 612-659-9500 or fill out our contact form. Our law office is conveniently located in downtown Minneapolis, in the historic warehouse district, one block off Washington Avenue and our lawyers represent clients throughout the Twin Cities metro, Greater Minnesota and Western Wisconsin. Se habla español.
