Minnesota criminal penalties for DWI range from a misdemeanor all the way up to a felony. A first offense DWI in Minnesota of over .08% but less than .16%, 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 and desire to increase the Minnesota criminal penalties, 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.
Minnesota criminal penalties for DWI:
A second DWI offense in 10 years: The mandatory minimum sentence is 30 days.
A third DWI offense in 10 years: The mandatory minimum sentence is 90 days.
A fourth DWI offense in 10 years: The mandatory minimum sentence is 180 days.
A 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:
If you or a loved one has been arrested for a Minnesota DWI or DUI, feel free to contact Minnesota DWI Attorney F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.