Minneapolis DWI Lawyer / Attorney
General Overview
It is a crime for any person to drive, operate, or be in physical control of a motor vehicle, within this state or upon any boundary water of this state, while the person is under the influence of alcohol, a controlled or hazardous substance, or a combination of the two, or the person has an "alcohol concentration" of 0.08 or more. For a rough calculation of your BAC based upon your drinking habits, try using the “Drink Wheel”.
The term motor vehicle means more than the typical vehicle you see on the highway. A motor vehicle can include: a motorboat, a farm tractor, an ATV, a snowmobile, a riding lawn mower, forklifts, scooters, etc. As you can see, the list goes beyond your average car or truck.
Various Degrees of DWI/DUI
Minnesota law divides the crime of DWI/DUI into various degrees based on the severity of the offense.
· 4th Degree (Misdemeanor): First DWI/DUI or license revocation offense within the past 10 years, without any aggravating factors present.
· 3rd Degree (Gross Misdemeanor): Second DWI/DUI or license revocation offense within the past 10 years OR first offense within the past 10 years plus 1 aggravating factor present.
· 2nd Degree (Gross Misdemeanor): Third DWI/DUI or license revocation offense within the past 10 years OR first offense within the past 10 years plus 2 aggravating factors present.
· 1st Degree (Felony): Fourth or more DWI/DUI or license revocation offense within the past 10 years.
Aggravating Factors
Minnesota provides certain conditions which, if present at time of arrest, can enhance an otherwise misdemeanor DWI/DUI offense into a much more serious offense. These aggravating factors are: (1) a prior DWI/DUI conviction or prior license revocation within the past 10 years; (2) having an alcohol concentration in excess of .20 BAC; and (3) having a child in the motor vehicle under 16 years old if the driver is 3 years older than the child.
Criminal Penalties
A misdemeanor DWI/DUI conviction carries a penalty of up to 90 days in jail, a $1,000 fine, or both. A gross misdemeanor conviction carries a penalty of up to 1 year in jail, a $3,000 fine, or both. A felony conviction carries a penalty of up to 7 years in prison, a $14,000 fine, or both.
In addition to the penalties above, a criminal conviction for DWI/DUI can include: probation, court ordered treatment, M.A.D.D. impact panel, AA/NA, restitution, and community service.
Civil Penalties
In addition to criminal penalties, a person conviction of a DWI/DUI offense can face serious civil consequence including, but not limited to: loss of driving rights, loss of license plates, loss of motor vehicle, increased insurance premiums or loss of motor vehicle insurance, and loss of employment.
Nearly 50,000 DWI/DUI arrests each year – and growing
Minnesota has some of the most complex and extensive laws on its books as it relates to DWI/DUI. The state legislature passes new bills nearly every year affecting DWI/DUI law. DWI/DUI cases are complex. Each case is different. The smallest circumstances of each case can greatly affect the outcome of any given case. It is important you speak to an attorney immediately if you are facing a DWI/DUI arrest.
Take Action Now
If you, or someone you know, have been charged with a DWI crime
in Minnesota, you need to retain the services of a qualified,
passionate and knowledgeable criminal defense attorney who will be
your voice in the criminal justice system and who has a successful
track record when it comes to fighting DWI charges in the state of
Minnesota. When you face such life-changing consequences, you cannot
risk being without trustworthy, aggressive legal representation.
At the Law Offices of William K. Bulmer II, we are fully prepared to
handle your DWI crime case. We can provide you with the guidance and
legal counsel you need to fight your charges. Call our Law
Offices today for a FREE consultation at 612-384-7003.
