Minnesota DWI Defense Attorney.

What are the criminal penalties for driving while impaired?

Minnesota DWI Attorney F.T. Sessoms responds:

A first offense in Minnesota of over .08% but less than .20%, constitutes a misdemeanor with a potential maximum sentence of 90 days in jail or a $1000.00 fine or both.

A first offense over .20% or a first offense refusal constitutes a gross misdemeanor offense with a potential maximum sentence of one year in jail or a $3,000.00 fine or both.

A second offense within ten years or various aggravated driving offenses are also gross misdemeanors with minimum mandatory jail sentences ranging from 30 days on up.

For example:

If this is your second DWI offense in 10 years: The mandatory sentence is 30 days.

If this is your third DWI offense in 10 years: The mandatory sentence is 90 days.

If this is your fourth DWI offense in 10 years: The mandatory sentence is 180 days.

If this is your fifth DWI offense in 10 years: The mandatory sentence is one year.

Effective August 1, 2002 - it is a felony to get four DWI's in 10 years. The maximum sentence for the felony is seven years with a minimum sentence of three years. In addition, the court can order a fine of up to $14,000.00.

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