Minnesota prides itself on being aggressive when it comes to arresting and prosecuting people for DWIs. In order to back this up, police departments spend a large amount of their resources trying to catch drunk drivers. In fact, they spend even more training their officers to get a conviction. As a result, it is critical if you are being charged with a 3rd degree DWI to have an experienced DWI Attorney by your side.
So what exactly is a DWI in Minnesota?
Minnesota DWI laws make it a crime if:
you drive, operate or are in physical control of a motor vehicle anywhere in the State of Minnesota, including boundary waters, while:
you are under the influence of alcohol or a controlled substance,
you were driving with a blood alcohol concentration (BAC) of 0.08 (.08 is defined as .08 percent alcohol concentration) or more as tested within two hours of driving, operating or in physical control of a motor vehicle.
you have a schedule I or schedule II controlled substance in your body (any amount); or
it is a commercial vehicle, having a BAC of .04 or more at the time or within two hours of driving, operating or in physical control of a vehicle, or
2. you refuse to submit to a chemical test of the person’s blood, breath or urine according to the implied consent laws of Minnesota. However, it is only a crime to refuse a urine or blood test if the officer first obtained a search warrant to collect those samples and you then refuse.
Possible 3rd Degree Gross Misdemeanor DWI Charges
1st Offense:
DWI Test Refusal;
Driving with a blood alcohol content of .16 or over;
Driving while under the influence or over .08 and having a child younger than 16 years old in your car at the time of the offense if the driver is at least 36 months older.
2nd Offense:
Driving while under the Influence of alcohol, second offense within 10 years.
Driving with a blood alcohol concentration over .08, second offense within 10 years.
Possible Penalties for 3rd Degree Gross Misdemeanor DWI may include:
1 year in jail
$3000 fine
Mandatory minimum jail time
Court surcharges
Chemical Dependency Evaluation and Treatment
MADD Victim Impact Panel
Supervised Probation
Additional ramifications that may apply:
License revocation
Vehicle Plate Impoundment
License reinstatement fees
Car towing and storage fees
Insurance costs
Loss of work
Possible $12,000 bail requirement
Range of Potential DWI Charges include:
3rd Degree Gross Misdemeanor DWI
2nd Degree Gross Misdemeanor DWI
Because there are very specific legal and factual requirements for each and every element of a DWI charge, it is important to sit down with a Board Certified Criminal Law Specialist to discuss your situation. Whether this is your first DWI as a gross misdemeanor or you have priors, don’t hesitate to give Jack Rice Defense a call. Jack is a Board Certified Criminal Law Specialist and can help you understand what you face and how to get your life back on track.
Let a St. Paul DWI Lawyer help. Reach out for a free confidential consultation or call 651-447-7650 or 612-227-1339.