MINNEAPOLIS DWI ATTORNEY

An arrest for DUI/DWI is an overwhelming inconvenience that can lead to harsh criminal penalties. Driving under the influence of alcohol or drugs in Minnesota is a misdemeanor offense, but multiple arrests for DUI/DWI can lead to felony charges. Unfortunately, even your first arrest may lead to costly fines, a suspension of your driver’s license, and possibly jail time! In addition to these criminal charges, enduring negative repercussions will impact your personal life. If you are convicted, a permanent criminal record may make it difficult to find a job and your motor vehicle insurance rates will undoubtedly increase. You may even be obligated to carry SR-22 motor vehicle insurance. This requires the insurance provider to keep the state of Minnesota regularly informed of the status of your coverage and is startlingly expensive!

The situation must be approached responsibly as Minnesota courts and law enforcement officials view driving under the influence as a very serious matter. The first order of business following an arrest for DUI/DWI is to become generally knowledgeable of Minnesota DUI/DWI law. The subsequent information is designed to provide you with a basic understanding of the legal framework surrounding the charges instigated against you and is not a suitable substitute for hiring a skilled DUI/DWI attorney. For a free initial consultation, contact the Minneapolis law firm of Mean & Patrin, P.A. , by completing the form on this page, or by calling xxx-xxx-xxx today.

Will I be charged with DWI?

In Minnesota, you will be charged with driving while intoxicated if you provide a chemical test demonstrating results greater than .08% BAC. The legal limit is decreased to .04% for commercial drivers and any driver under the age of 21 is banned from having any amount of alcohol in their system. This test can be designed to examine breath, blood, or urine samples.

Implied consent laws mandate that you submit to chemical testing. Essentially, these laws provide that your privilege to drive in the state of Minnesota is contingent upon your willingness to submit to chemical testing if law enforcement officials have probable cause to investigate you under suspicion of driving while intoxicated. To establish the necessary probable cause, the officer must observe impaired driving behavior that creates a reasonable suspicion of an impaired driving violation. The officer will then stop and question you and administer either a field sobriety test or a preliminary breath test. At this point, the officer will make the decision whether or not to place you under arrest.

If you refused to submit to a chemical test following an arrest for driving while intoxicated, evidence of your refusal will be used against you in your criminal case. The violation of implied consent laws carry their own administrative sanctions including a driver’s license revocation for up to one year and a fine of up to $3,000.

Administrative Action

Following a DWI arrest, the state of Minnesota will bring an administrative action in addition to the criminal charges against you. The administrative action threatens your driving privileges and a hearing to contest this action must be requested within 30 calendar days of your arrest or you will waive this right. If you do not request such hearing, your license will be automatically revoked as of the date cited on the temporary license given to you by the arresting officer.

After the period of your revocation has ended, you will be required to pass the license examination again and must pay all related reapplication fees. The process will require you to pay a $24 application fee, a $250 driver’s license reinstatement fee, and a $430 surcharge on the reinstatement fee. Certain individuals may qualify for an installment plan to pay these fees.

Criminal DWI Penalties in Minnesota

The criminal action will go after your freedom and your financial stability in addition to your driving privileges. The state maintains aggravating factors that the court will consider when handing down your sentence. The penalties become increasingly severe for multiple DWI arrests within a 10-year time frame. Stricter sentences will also be handed down if you are arrested after submitting a chemical test higher than .20% BAC or an individual under the age of 16 is a passenger in your vehicle (if 36 months younger than you.) Mandatory minimums will apply to multiple DWI convictions and all individuals convicted of DWI are required to submit to a chemical use assessment. Separate guidelines will be applicable to commercial drivers, drivers under the age of 21, and individuals operating motorboats or off-road vehicles.

First DWI Conviction

• Misdemeanor
• Fine of up to $1,000 fine
• 6 month driver’s license revocation
• Up to 3 months in jail

Second DWI Conviction

• Gross Misdemeanor
• Fine of up to $3,000
• 1 year driver’s license revocation
• Up to 1 year in jail

Third DWI Conviction

• Gross Misdemeanor
• Fine of up to $3,000
• Permanent revocation of your driver’s license
• Up to 1 year in jail
• Administrative vehicle forfeiture

Fourth DWI Conviction

• Felony
• Fine of up to $14,000
• Permanent revocation of your driver’s license
• Up to 7 years in jail
• Administrative vehicle forfeiture

Commercial Drivers

• Legal limit lowered to .04% BAC
• First conviction leads to CDL revocation for 1 year
• Any subsequent DWI conviction will result in a lifetime revocation of CDL
• Normal penalties will be applicable to any conviction based on a BAC of greater than .08%.

Drivers Under the Age of 21

• Any amount of alcohol in system can lead to a conviction
• 6 month driver’s license revocation
• Violation of the zero tolerance for minors law does not result in a DWI charge if BAC was under the normal legal limit of .08%
• A conviction under the zero tolerance for minors law will not result in sentence enhancements after subsequent DWI arrests

Administrative Vehicle Forfeiture

If you are arrested for DWI and have been twice convicted of DWI within the last 10 years, the arresting officer may seize the vehicle and serve notice to the owner of the intent to forfeit the vehicle. The forfeiture will occur automatically unless you request a judicial determination of the forfeiture within 30 days of your arrest. The vehicle will be subject to forfeiture only if it was the operative vehicle in a DWI arrest and the driver was subsequently convicted or failed to appear or if a judicial determination is not requested within the applicable time frame. The vehicle of an owner who is not the offender will be subject to forfeiture only if the owner knew or should have known that the offender would operate the vehicle while intoxicated.

Chemical Dependency Assessment and Treatment

All individuals convicted of DWI must submit to a drug/alcohol use assessment. This assessment will be administered by the county prior to your sentencing and will cost you of $130. The court must enforce the treatment recommended by the county if you have previously been convicted of DWI or the high BAC aggravating factor is applicable.

Mandatory Minimums

Individuals previously convicted of DWI within the last 10 years will be subject to mandatory minimum criminal penalties after a DWI conviction. A second DWI within 10 years mandates 30 days of incarceration, 48 hours of which must be served in jail. Eight hours of community service will be substituted for each day less than 30 not spent in jail. For a third DWI conviction within 10 years, 90 days of incarceration is mandatory, 30 of which must be served in jail. For fourth DWI within 10 years, 180 days of incarceration is mandatory, with a minimum of 30 days served consecutively in jail. Home detention can be ordered for any part of a mandatory minimum sentence not served in jail.

Felony DWI

You will be charged with a felony if you have been previously convicted of DWI three times within the last 10 years. You will also be charged with a felony if you have been previously convicted of a criminal vehicular homicide or injury involving alcohol. The aggravating factors of high BAC or DWI with a child passenger will not result in felony charges being filed. When sentencing someone for felony DWI, the court must order incarceration for not less than 3 years.

DWI while Operating an Off-road Recreational Vehicle or Motorboat

If you have not previously been convicted of DWI or a related offense, a first arrest for driving a motorboat or off-road vehicle under the influence of alcohol will result in the revocation of your driving privileges for that type of vehicle. It will not result in a revocation of your driving privileges or the normal criminal penalties applicable to a conviction for DWI. Nevertheless, any subsequent arrest for DWI while operating a motorboat or off-road vehicle will result in the application of normal DWI penalties.

How can I take charge of this situation?

These penalties are not to be taken lightly. You need to be aggressively represented to prevent your first DWI arrest from landing you in jail. Fortunately, the Minneapolis firm of Meaney & Patrin, P.A. wield tremendous experience not only litigating DWI charges in Minnesota courts, but negotiating plea bargain arrangements with county prosecutors as well. Meaney & Patrin, P.A. dedicates 99% of their practice to defending DWI cases. Please contact them immediately for a free professional consultation regarding your arrest for DWI by completing the form on this page or calling xxx-xxx-xxxx.

The Law Firm of Meaney & Patrin serves clients throughout the Twin Cities metro area of Minnesota, including the communities of Minneapolis, St. Paul, Bloomington, Minnetonka, Maplewood, Saint Louis Park, Edina, Anoka, Fridley, Coon Rapids, Blaine, Roseville, Maple Grove, Brooklyn Park, Eden Prairie, Woodbury, Burnsville, Eagan, and Chaska. The counties we serve include Hennepin County, Ramsey County, Anoka County, Dakota County, Washington County, Carver County, and Scott County.