Driving While Impaired
Driving While Impaired (DWI) in Minnesota is defined as driving with a blood alcohol content (BAC) of .10 or higher. In Minnesota, you can be charged with one or more counts of four degrees of DWI violations, separated by the number and severity of the "aggravating factors" in your case.
Aggravating Factors
1. A prior impaired driving incident (conviction or impaired driving related loss of license within 10 years).
2. Driving with a BAC of .20 and above.
3. Driving impaired with a passenger under the age of 16.
First Offense DWI Penalties
The most common charge is a fourth degree DWI, meaning that you have no prior DWI license revocations, you agreed to take the requested tests, and your BAC was below .20.
A fourth degree offense is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine, and a license suspension of 90 days.
Third Degree DWI is charged if there is one (1) aggravating factor or if the driver refused to take the breath, blood or urine test and it is a first offense.
A third degree offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine, and a probable license suspension of six months. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven. Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if any of the above mentioned aggravating factors exist.
Driving While Impaired (DWI) in Minnesota is defined as driving with a blood alcohol content (BAC) of .10 or higher. In Minnesota, you can be charged with one or more counts of four degrees of DWI violations, separated by the number and severity of the "aggravating factors" in your case.
Aggravating Factors
1. A prior impaired driving incident (conviction or impaired driving related loss of license within 10 years).
2. Driving with a BAC of .20 and above.
3. Driving impaired with a passenger under the age of 16.
First Offense DWI Penalties
The most common charge is a fourth degree DWI, meaning that you have no prior DWI license revocations, you agreed to take the requested tests, and your BAC was below .20.
A fourth degree offense is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine, and a license suspension of 90 days.
Third Degree DWI is charged if there is one (1) aggravating factor or if the driver refused to take the breath, blood or urine test and it is a first offense.
A third degree offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine, and a probable license suspension of six months. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven. Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if any of the above mentioned aggravating factors exist.