A Minnesota DWI is best defined by the specific violations:
Reference: Minnesota DPS
If you are stopped for suspicion of driving under the influence in Minnesota, the officer will perform a breath test. If your blood alcohol level was .10 or higher, you will be arrested for a Minnesota DWI. In the state of Minnesota, you could face four different degrees of DWI, depending on which of the state’s aggravating factors were present when you were stopped.
The aggravating factors in Minnesota are as follows:
Depending on how many of these conditions are present at the time of your Minnesota DWI arrest, you are facing one of four different degrees of DWI charges. Each one carries different consequences. Remember, however, that when you are arrested for a Minnesota DWI, you have the right to speak to an attorney before you take a chemical blood test. You should take advantage of this right, but remember that if you refuse to take the chemical test you will have a separate offense against you on top of your Minnesota DWI charges.
In a Minnesota DWI case, you will be charged with a specific degree of the crime. If you are a first time offender and have no other aggravating factors, your crime will be labeled a fourth degree DWI. This is considered a misdemeanor. You can be sentenced to ninety days or less in jail and pay $1000 in fines. You will lose your license for ninety days.
If you have one aggravating factor against you, or if you refuse to take the chemical test to determine your alcohol level, then you are facing a third degree Minnesota DWI. This means that you are charged with a gross misdemeanor and face up to a year of incarceration and a fine that can be as high as $3000. You could lose your license for up to six months.
Two aggravating factors are considered a second degree Minnesota DWI. This means that you face gross misdemeanor charges and the same punishments as the third degree charges. However, if you are guilty of two aggravating factors you will also have your vehicle impounded.
If you have all three of the aggravating factors present, you will be looking at up to five years in jail and a felony charge. Not only that, but the fine jumps to $10,000. Your car will be impounded and you will lose your license indefinitely. You should talk to a lawyer to ensure that your driving privileges are protected. Here is a summary of the different degrees of charges:
Minnesota state requires those convicted of DWI offenses to maintain SR22 insurance for a period of 3 years after they get their driving privileges back. SR22 insurance is a type of high risk auto insurance policy, and mostly only specialized high risk auto insurance companies do these types of policies.
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