By Sullivan Rice
Being arrested for driving while impaired can be overwhelming. A DWI case can involve much more than a breath test or a traffic stop. Depending on the circumstances, a person may be dealing with criminal charges, license consequences, chemical testing issues, and potentially significant penalties.
Understanding how Minnesota's DWI laws work is an important first step.
What Counts as DWI in Minnesota?
Minnesota law prohibits driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol, controlled substances, certain intoxicating substances, or cannabis-related substances. A person can also violate the law when their alcohol concentration is 0.08 or higher at the relevant time.
A DWI charge does not necessarily depend on a person admitting they were impaired. The state may rely on observations, field sobriety testing, chemical testing, driving behavior, statements, and other evidence.
DWI Charges Are Classified by Degree
Not every Minnesota DWI carries the same level of punishment.
A typical fourth-degree DWI is a misdemeanor.
The charge can become more serious when aggravating factors or prior impaired-driving incidents are involved. For example, a third-degree DWI can be charged when one aggravating factor is present, while a second-degree DWI can result when two or more aggravating factors are present.
A first-degree DWI is a felony and can apply when a person has three or more qualified prior impaired-driving incidents within the applicable 10-year period or certain prior felony convictions. Minnesota law provides for a potential sentence of up to seven years and a fine of up to $14,000 for first-degree DWI.
What About Refusing a Chemical Test?
Chemical testing can create a separate legal issue.
Minnesota's implied-consent law addresses chemical testing of blood, breath, or urine when statutory requirements are met.
Minnesota law also makes certain refusals to submit to chemical testing a crime.
That means a person can potentially face legal consequences related to both the underlying DWI allegation and the chemical-test issue.
Why the Traffic Stop Matters
One of the most important questions in a DWI case can be how the investigation began.
An attorney may examine:
Why police stopped the vehicle
Whether there was reasonable suspicion for the stop
What officers observed before and after the stop
How field sobriety tests were administered
Whether the testing procedure was properly followed
How chemical testing was conducted
Whether statements were obtained lawfully
Whether the evidence supports the charge
A DWI arrest does not automatically mean the state's evidence is sufficient to obtain a conviction.
Facing a Minnesota DWI?
DWI cases can have consequences that extend beyond the courtroom. A conviction may affect driving privileges, employment, insurance, finances, and other parts of a person's life.
If you have been arrested for DWI, speaking with a Minnesota DWI defense attorney early can help you understand the charges and the legal options available in your specific case.
Jack Rice Defense represents people accused of DWI and other criminal offenses throughout Minnesota.
