What are the criminal penalties for “driving while impaired”?

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 .16% 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. Prior to August 1, 2015, the alcohol concentration level had to be .20% or more to constitute a gross misdemeanor.  But the legislature, in its infinite wisdom lowered the test level to .16%, making any test result at that level or higher a gross misdemeanor.

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 minimum sentence is 30 days.

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

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

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

It is a felony to get four DWI’s in 10 years and the maximum sentence for felony DWI is seven years in prison. In addition, the court can order a fine of up to $14,000.00.

Contact Minnesota DWI Attorney F. T. Sessoms:

For answers to all of your Minnesota DWI and DUI questions, please call Minnesota DWI Attorney F. T. Sessoms at (612) 344-1505 today.